Research On Several Issues Of Animal Tort

Before the promulgation of the law on tort liability,our country applies the law of animal infringement,only 127 th articles of the general principles of civil law.It made a general rule about animal infringement,but it was very simple and general.With the continuous development of the economy,the number of domestic public animals is increasing gradually,so the occurrence of infringement damage is increasing.The law of tort liability was formally implemented in 2010.With the length of a chapter,the provisions of animal breeding have been typed.At the same time,the doctrine of liability fixation has changed from the past "no fault liability" to "no fault liability",and "fault presumption" is the exception.The wildlife,the escape and the abandoned animals,have been stipulated accordingly.Since the implementation of the tort liability law,it has been seven years,and a large number of cases have taken place in it,and the theoretical circles have some disputes over the provisions and the theoretical basis.This paper analyzes the relevant provisions of animal infringement,and analyzes and compares the views of different scholars,to identify a more reasonable and more realistic analysis.Some suggestions and opinions are put forward on the basis of referring to the relevant experience abroad.There are five parts in this paper.The first part is the overview of animal tort liability.First of all,the author explains the concept of animal infringement.Second,the definition of animals and animals is defined.Third,it introduces some basic theories of animal tort.Finally,it describes the legislative evolution of animal infringement in our country.The second part is about the principle of liability for animal infringement.First of all,it analyzes the doctrine of the doctrine of liability fixation.Secondly,taking the continental law system and the Anglo American law system as the background,this paper introduces the imputation theory of Germany,Japan,Britain,America and some other countries and regions.Finally,it summarizes the significance and Enlightenment of the principle of imputation in foreign countries.The third part is about the type of animal infringement.First of all,the basic elements of animal tort are introduced.Secondly,we discuss the types of infringement in our country.Some special cases are listed and analyzed.The fourth part is about the subject of animal tort liability.The first is the introduction of the basic theory of the responsible subject.The second part is the analysis of the subject of animal tort liability in China.The fifth part is some reflections on China's tort law.From the eighty-fourth applies,to enhance the role of insurance industry,and then to raise the quality of breeders,respectively,are given recommendations.