Research On Tort Liability Of Domesticated Animals

The tort liability of domesticated animals is stipulated in the Chapter X of the tort liability law.The promulgation of this law is of great significance in the field of tort liability of domesticated animals.It's essential to select and apply the principle of imputation,to confirm the subject of responsibility,to make clear the burden of liability,to safeguard the legitimate rights and interests of victims,and to promote social harmony.However,due to the complex and changeable problems in practice,there are still many problems to be settled.Therefore,this paper considers the four main aspects of the field through studying the tort liability of animal husbandry as follows: Article 78 has the status of a general provision in the principle of imputation,Article 79 will not be abandoned because of the burden of proof,Article 81 is reasonable in the presumption of fault liability of the zoo.In detail,it's supposed to define domesticated animals with the general concept of the general public.Whether an animal belongs to the animal under Article 78 or not should be determined by the criteria of autonomous animal behavior.When it comes to the subject of responsibility,the breeder refers to the owner of the animal,while the manager is the responsible person other than the owner,and they bear joint liability.These exemptions from liability stipulated in Article 78 and 83 and orce majeure can not be fully applied to Chapter X.In the part of imputation principle,although there are different opinions on the understanding of Article 78 status,there is no actual disagreement.This article considers that Article 78 is a general rule in Chapter X.This Article applies in the absence of special provisions.Article 79 is a special provision that stipulates a more strict principleof no-fault liability,in which the distribution of the burden of proof is reasonable and there is no case where the article is abandoned.At the same time,this paper believes that the zoo has its special nature and special effects,and it is reasonable to apply the principle of fault presumption.In the area of applicable fields,it is more practical to define the category of animals for breeding based on the general concept of ordinary people.At the same time,in the discussion of animal risk,this article advocates that when determining whether a fall building animal's damage is an animal infringement,it should not only look at whether the animal's behavior was spontaneous when the animal's infringement occurred,but also from the entire process of causing animal damage.When it comes to the subject of responsibility,for the identification of the identity of the breeder and the manager,this article advocates dividing the breeder and the manager with the ownership as the boundary.At the same time,it is advocated that in order to protect the legitimate rights and interests of the infringed person and achieve internal fairness of the responsible party,the keeper and the manager shall bear joint and several liability,and they shall have the right to recover each other.For the determination of the subject of liability in different situations,this article mainly discusses the identification of the subject of liability in the contractual relationship,and the identification of the subject of liability under other special circumstances.In the part of the exemption,it mainly discuss the fault of the victim in Article 78 and the fault of a third party in Article 83,as well as the scope of application of the three types of liability reduction reasons for force majeure.This article advocates that Article 79 and Article 80 stipulate more stringent principles of no-fault liability.From the perspective of the role of special regulations and animal risk,neither the fault of the victim nor the fault of the third party can be fully applied to the above provisions.At the same time,force majeure cannot fully apply to the aforementioned articles.The last part summarizes the full text,refers to the inadequacies of Chapter X of the Tort Liability Act and imagines its future development.