Research On Tort Liability For Damage Caused By Zoo Animals

The tenth chapter of China's Tort Liability Law stipulates the “responsibility for animal damage”.Article 81 stipulates that the principle of presumption of fault in zoo animals is applicable.At the beginning of the “ Tort Liability Law”,many civil law scholars consider this clause.The provisions are not reasonable and justified.Whether or not to amend the provisions of Article 81 at the time of the establishment of the Tort Liability of the Civil Code has once again become a hot issue in academic circles.In this paper,combined with hotspot cases,this paper analyzes the infringement liability of zoo animals causing human damage,and tries to improve the zoo animals in China by analyzing the liability principle,responsibility subject,defense reasons,responsibility and other issues caused by zoo animals.Advise on issues related to damages to infringement,ensuring that victims receive more effective and effective relief and balance the interests of victims and zoos.The main research contents of this paper are as follows:The first part,mainly selects the representative cases of zoo animal damage caused by the occurrence in China in recent years.That is,the Badaling Wildlife Tiger Injury Case,the Ningbo Youngor Zoo Tiger Injury Case and the Shanghai Zoo Monkey Injury Case,and summed up the focus issues and court decisions in the process of handling infringement disputes.The second part,combined with the specific case of the first part,studies the legislative status of the infringement liability of zoo animals in China.According to the Tort Liability Law and related laws,the status quo of the three aspects of the principle of liability,the subject of responsibility and the object of defense are explained.The third part,analyzes and compares the relevant legal provisions of the civil law system and the common law system on the infringement liability of zoo animals.According to the analysis and comparison,the British and American countries in the Anglo-American legal system have adopted the principle of dual liability for strict liability and fault liability.In the civil law countries,France adopts strict liability,and Germany adopts strict liability.The principle of dual liability with fault liability.The pattern of strict liability for animal damage has become a common trend in the two major legal systems.The distinction between the application of no-fault liability and the presumption of liability for faults in different countries is not exactly the same.The main consideration is the danger of animals and the usefulness of animals.Zoo animals and other animals are not distinguished.The fourth part,through the previous case analysis and legislative research on the infringement liability of zoo animals,combined with the relevant theoretical knowledge of tort law and foreign legal provisions,from clearing the scope and classification of zoo animals,to clarify the responsibility of zoo animals causing damage The main body,the construction of zoo animals to damage the infringement liability diversification principle,the clearing of the zoo's duty of care,the correct application of negligence rules,the establishment of zoo animal-induced damage insurance compensation mechanism proposed to improve the zoo zoo damage caused by infringement The relevant recommendations of the Responsibility Rules,combined with the above suggestions,attempted to draft the relevant laws and regulations for the damage caused by zoo animals in the Civil Code.