Study On Animal Damage Liability

The Tort Liability Law of PRC prescribed the animal damage liability in chapter 10.The law divides the animals into different kinds,such as ordinary animals,dangerous animals,zoo animals,abandoned or escaped animals,which reflects the complexity of the problem.However,the dispute about advantages and disadvantages of chapter 10 in its legislation and judicial practice has never stopped since the law came into effect in 2010.In recent years,with the improvement of living standards in cities,more and more citizens begin to spend their leisure time visiting zoo with the accompany of their family or friends.Due to different reasons,events of tourists injured by zoo animals are frequently occurred.Besides,there are many kinds of animals in the city,which include the dangerous animals,abandoned or escaped animals,and these in turn make the problem more complex.Therefore,by analyzing the legislation and legal application of the law,and on the basis of existing theories,the author comes up with some suggestions,in the hope that it could be of some value to the development and perfection of our country's legislation,theories and practice on the liability caused by animals.Starting with the provisions of the Tort Liability Law in chapter 10,the thesis analyzes the points that deserve to be studied and the possible problems of the existing legislation.Except the introduction and conclusion,this paper can be divided into three parts.In the first part of the thesis,the paper introduces the legislative evolution of animal damage liability in China.Then,by analyzing the legal provisions,the author finds the Tort Liability Law divides rule of liability into no-fault liability principle and presumption of fault liability principle.What's more,no-fault liability principle can be divided into different degrees according to the law.Comparing the provisions of the Tort Liability Law in its chapter 10 with overseas legislation,then rethinking profoundly about shortcomings of current law,the application of the unified principle of no-fault liability is an inevitable trend in the future.In the second part,this thesis discusses the subject of liability for damage caused by animals.In the first,the author introduces the law of subject of liability in other countries.By analyzing different articles of law,it is clear that 2 criteria are very important in judging whether a person should bear responsibility.A person can control the animal,and he uses the animal in the interest of himself.In the second,this paper discusses the scope of the raiser and the keeper in the Tort Liability Law.On this basis,the determination of subject of liability is analyzed in detail when the raiser and the keeper are not the same one.Besides,the author discusses the distribution of liability in some special circumstances,such as sale and theft.In the end,the paper introduces the defenses of the raiser or the keeper.More correctly,the victim's fault and agreed immunity of liability are discussed in detail.In the third part,the author discusses the provision of abandoned or escaped animals in detail.Firstly,the rule of liability and subject of liability are introduced.When applying the doctrine of liabilityfixation,we should distinguish different circumstances.Secondly,in order to fully protect the legitimate rights and interests of the victim,it is vital to make sure the original raiser or keeper of the animal.On the one hand,we may expand the scope of the responsible body.On the other hand,we can improve and perfect the system construction.