Research On Legal Remedies For Human Damage Caused By Stray Animals

The rapid development of society has made people's communication closer,and the resulting disputes have gradually increased.In the event of damage caused by stray animals in special disputes,there are incomplete provisions in the law and it is difficult to resolve case disputes.Article 82 of the Law of the People 's Republic of China on Tort Liability clarifies the problem of stray animals causing harm,but from a substantive analysis,it is found that the general provisions in the judicial practice are not satisfactory,so they should be injured After conflicts between humans and stray animals lead to damage,in most cases,they can only bear the risks and consequences on their own.The reason is that the original breeder or manager prescribed by law is difficult to find.In essence,my country's legislation in this area is not perfect,the division of responsibilities of government departments is unclear,and there is a phenomenon of mutual blame and eight dragons for water control.Therefore,the theoretical research of this kind of responsibility,behavioral blame,and clarification of the victim's way to obtain relief and fight for compensation,clarifying the responsibility bearer is the focus of this study.This article is divided into four parts,first of all,the first part is to summarize the overall situation of legal relief for stray animals causing human damage and analyze the relevant theoretical basis,from a macro perspective.The range of animals is so wide that not every stray animal in the society needs us to focus on research,so the first step is to define the concept and scope of stray animals,discuss their characteristics,classification and so on.The second part is based on the theoretical basis,starting from the legal principles of the tort liability law,discussing the nature of damage caused by stray animals from the structure of liability recognition,including the formation of liability,the responsibility to solve the problem,etc.The basis for people to get legal relief in the future.The third part introduces the domestic status and extraterritorial situation of legal relief for stray animals causing human damage.By analyzing the current problems indomestic legislation,judiciary and practice,as well as foreign practices,we can learn from them to improve relevant experience in this field in China.The fourth part is aimed at the victims seeking legal remedies,and proposes targeted solutions from three aspects,including the improvement of the rules of responsibility determination in legislation and the optimization of relief channels in judicial and law enforcement.Through the above research,I hope to provide effective legal remedies for the protection of the rights and interests of victims,as well as to improve the legal relief system for stray animals in China.