The Subject Research Of Tort Caused By Stray Animals For Human

In recent years,along with our country residents became richer gradually,machinery and the development of science,animals are no longer only as tools of labor,more role was for the residents recreation.Therefore the phenomenon of keeping pets are more and more common,this lead to the animal's species have been gradually beyond the traditional scope of domestic small animals such as dogs,cats,and etc.As well as some dangerous animals.Therefore,there are many cases that animal injure human these days.In such infringement cases are include in a wide range of animals,there is a special animal group which been highlight out.Those animals are nobody feeding and be managed,they are wandering in every corner,people call them stray animals.Compare with domestic animals,they are more likely to cause harm to others.Because the stray animals do not have management.It is difficult to find for the main reason of tort liability.Caused by this,the infringer has nowhere to seek relief,their relevant rights are without guarantee.Mainly,this article research topic is about people's damage liability caused by stray animals.The first part of this article is introduce the cases already after be ruled that stray animals cause person damaged,according to the difference between those introduction cases and discuss those detailed analysis and comparison,then draw out the paper to be discussed by the subject and the problems which need to solved: Difficulties of judicial practice determine the stray animals cause person damage tort liability.The second part is about our country now about related legal principles and specific provisions of animals cause person be damage and infringed.According to law,what is the definition of stray animals and who is animals' keeper or manager.Using the basis of the theories of tort from some other national academia about infringement of animals' cases,to discuss who is responsible for tort liability caused by stray animals in our country.Then discuss animals' tort on our country's legal basis.Focus on "tort liability law" relevant provisions of the 82 th regulation,The exact tip which people who are feeding those animals need to responsible for their domestic animals and guide people's correct behavior.And also mainly analysis why this regulation is difficult to really play a role in the judicial practice,in the other hand points out that in the judicial practice about the related liabilities caused by stray animals are hard to identified the main responsibilities of tort liability.The third part will focus on analysis when the regulation can not determine the original owner or the animal's manager,how to identified the main part about responsibility of stray animals tort,and who should assume the tort liability,and how much problem related needed.Specific discuss If stray animals temporary possession by The third party liability person.The forth part will base on the second and the third part to discuss how to improve the regulation and put forward legislative suggestion about the damage caused by stray animals tort,in order to the way of judicial relief of the victim.