Study On The Subjects Of The Raising Animal Tort

According to the Seventy-eighth provision of the Tort Liability Act,the main body responsible for tortious animal feeding is the breeder or manager.There are different opinions in the theoretical and practical circles on how to understand"breeder","manager" and "or".The theory of dangerous liability and the theory of profit and loss sharing should be established as the theoretical basis of animal damage to form a unified understanding,eliminate disoutes.On this basis,according to actual control theory,considering "self-interst” and “actual control ability” as the criterion for the identification of breeders,taking the existence of a contract for animal management as the criterion for the identification of manager.Mranwhile,"separate responsibility theory" and "common responsibility theory" between the breeder and the manager should be abandoned.There should be no real joint and several liability between the breeder and the manager,which not only gives the victim the right to choose,but also makes the liability fall to the real "responsible person" to meet the legislative intent of the tort liability law.