Research On Litigation Of Injury Liability Of Raised Animals

At the beginning of 2017,cases of animal infringement have become commonplace.Articles 78 to 84 in the Chapter 10 of The Tort Liability Act passed in2009,set forth the responsibility of infringement of animals.Following Article 127 of the General Principles of Civil Law,there has been some innovation and development.Although Article 78 was set as a separate part and it has the constitutive elements and the legal effect,there are still many practical obstacles in the actual operation.The research on animal infringement caused by the discovery of knowledge nets and court documents found that the research on animal infringement increased rapidly around2010.Although the writings of these scholars provide a solid theoretical basis for judicial practice in substantive law,there is no a large amount of deep research.In addition to the introduction and conclusion,this article is divided into four parts.The first part introduces the judicial status quo and problems of liability disputes for animal husbandry.This section starts with the development of the legislation and the status quo.Then it introduces the development of animal damage in China's judicial practice,and leads to China's liability disputes for animal damage through case analysis.The problems in litigation practice are mainly the issue of the appropriate party issues and the distribution of responsibilities.The second part introduces the rights protection elements for the litigation disputes concerning the liability for animal damages,including the legal characteristics of the infringement of livestock,the elements of infringement,theprinciple of imputation and the reasons for the exemption of statutory liability reduction.The third part introduces the litigation requirements for liability disputes in animal husbandry.It mainly introduces three aspects: the suitability of the parties,the concretization of the litigation request,and the jurisdiction of the litigation.The fourth part introduces the entity matters concerning the litigation of liability for animal liability disputes,which is mainly responsible for the litigation subject of animal damage liability disputes and the burden of proof and distribution of essential facts.