Study On Identification Standards Of Animal Tort Liability Subjects In China

In recent years,the number of cases of animal infringement in society has been increasing,mainly due to the improvement of people's living standards and the increasing number of pets.Due to the lack of responsibility of some pet owners to abandon animals,and the immature animal containment system in China,the number of stray animals has increased,and some people have irregular pets,such as walking dogs without tethers,and raising some dangerous animals such as stiff dogs,Have increased the security risks in our daily lives.When an animal infringement case occurred,it was found in the judicial practice that the subjects responsible for animal infringement liability had not been unified through the relevant provisions of the Tort Liability Law.This article analyzes and studies the identification standards of the subject of animal tort liability in China,which mainly includes the following four parts:The first part is an overview of the identification standards for the subject of animal tort liability.It mainly analyzes from two aspects.On the one hand,it defines the scope of animal torts studied in this article,excludes microbial torts from the adjustment of the applicable animal tort liability rules,and clearly applies.Infringements due to the animal's own danger,such as throwing animals and smashing people,are excluded.On the other hand,the current status of judicial practice and the analysis of legal articles point out the problems in the identification standards of the subject of animal tort liability in China.The third part is the analysis of the theoretical basis of the liability of the animal tort liability subject.It studies the legitimacy of the legal principles behind the animal tort liability subject identification standards,mainly including the danger control theory,the consistency of rights and obligations,and the animal's benefits.Identification standards provide theoretical support,and then the rationality of standards generated through theoretical support is separately demonstrated.The fourth part is to give suggestions on the standards of the subject of animal tort liability in China through the above analysis;the first is the direction of interpretation of the concept of "keeper and manager" stipulated in the Law on Tort Liability,supplemented by time and will In the judicial practice,auxiliary factors such as social security and interests are comprehensively identified as the responsible subjects of animal torts.In addition,the identification of special types of animal tort liability subjects is discussed separately and suggestions for identification labeling are given.