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Research On The Principle Of Imputation Of Zoo Tort Liability

Posted on:2020-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:X F LiFull Text:PDF
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Article 81 of China's Tort Liability Law is contrary to the thinking habit of the no-fault liability principle(or strict liability)that has been formed in the judicial practice since the implementation of the General Principles of the Civil Law.The zoo is regarded as a special infringement.The subject,which stipulates that its animal infringement applies the presumption of fault(or the presumption of fault),is still included in the scope of the principle of fault liability.This principle of implied does not pay special attention to the high risk of infringement of abnormally dangerous animals(or fierce animals)in the zoo.It is extremely difficult to prevent fierce animal infringement damage.The victim is determined to defend his rights when he is disabled or killed by animal attacks.The zoo has a dominant position to prove that he is not at fault.Therefore,the provisions of Article 81 of the Tort Law are presumed to be easy to practice.The cases of fierce animal infringement disputes have been delayed for a long time.This paper uses case analysis,comparison,systematic analysis and other research methods to analyze the two typical cases of animal infringement in zoos,and raises doubts about the provisions of the Tort Liability Law on the principle of infringement of zoo animals.Considering the differences in animal risk,it is recommended to establish the dual liability principle of zoo animal tort liability: apply the fault presumption rule to animals with low risk(the principle of fault liability),for dangerous animals(fierce animals)apply the principle of no-fault liability,supplemented by a diversified allocation of excuses to balance the legal rights of both the infringer and the zoo.The introduction narrates the meaning of the selected topics,and then raises the questions.At the same time,it summarizes the related research at home and abroad.The first section and the second section of the first chapter analyze and reflect on the results of the infringement of the zoo's dangerous animals(abnormally dangerous animals or fierce animals)and dangerous small animal infringement disputes,focusing on zoo animal dangers.Sexual differences,analyze the practical problems existing in Article 81 of the Tort Liability Law applicable to zoo animal infringement disputes;Section 3 raises the question of the current zoo animal infringement liability principle,and then proposes the zoo animal infringement liability principle the direction of exploration of legislative choices.The second chapter demonstrates the legitimacy of the dualization legislation of zoo animal infringement liability principle from three aspects: value orientation,functional goal and risk control.The first section introduces the diversification of the value orientation of tort law,analyzes the principle of imputation under different value orientations,and then explores the legislative choices of different dangerous animal infringement liability principles in the zoo.In the second section,by analyzing the diversification of the functional objectives of tort law,it is demonstrated that the dualization of animal infringement liability in zoos can help prevent damage,strengthen the personal safety protection of relatives(visitors)and help the zoo achieve the goal of setting up a garden.The third section further discusses the rationality and feasibility of dual imputation: it is recommended to configure the duty of care for the management of animals with low risk to prevent the occurrence of damage;to introduce compulsory insurance for the infringement of dangerous animals(fierce animals)to spread the risk,Demonstrating the dualization of animal infringement liability in zoos is conducive to risk control.Of course,in terms of tort liability,regardless of the risk of the animal itself,the zoo can also voluntarily insure commercial insurance.The first section of the third chapter defines the animal nature(or the size of the danger)that determines the principle of imputation;at the same time,it analyzes the factors such as the zoo safety protection isolation facilities and safety warnings that affect the excuses.The second section explores the principle of imputation of constructing duality: the risk of small animal infringement applies the fault presumption rule in the scope of fault liability principle(or the fault presumption method),and the dangerous animal(fierce animal)infringement applies no fault.The principle of responsibility(or strict liability);the third section is based on the correspondence between the principle of imputation and the exemption,analyzes the legitimacy of diversification exemption in zoo animal tort liability,and then proposes the duality background of zoo animal tort liability imputation principle.The diversification of diversification is configured by the system.The conclusion partially reaffirms that the animal's risk type is the decisive factor of the zoo animal infringement liability principle.It is recommended to establish the dual liability principle based on the zoo animal hazard type and supplement it with the supporting exemption reason,and apply the fault presumption to the less dangerous animals.Rules;apply the principle of no-fault liability to animals with high risk,and at the same time accurately apply the exemption or reduce the responsibility to balance the personal safety protection of the person entering the park and the protection of the legitimate rights and interests of the zoo.Finally,it appealed to the multi-party cooperation and multi-disciplinary efforts to effectively prevent the occurrence of animal infringement incidents in zoos.
Keywords/Search Tags:Zoo animals, Danger, Infringement liability principle, Fault presumption rules, No fault liability principle
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