Research On Identification Of Animal Damage Liability In Zoo

Article 81 of the Tort liability Law of our country that the liability of presumption of fault shall be applied to the damage caused by animals in zoos.In view of the simple and abstract provisions of the law,it is impossible to make a detailed statement on the management responsibility of zoos.When hearing such cases,the judge has different standards on whether zoos have faults,which is likely to lead to different judgments in the same case.In this paper,the principle of liability of zoo animal causing human damage is taken as the starting point,and the legitimacy of the principle of fault presumption is discussed from three aspects:balancing the interests of operators and the public,protecting the legitimate rights and interests of victims,and reasonably sharing risks.Based on this,the paper further analyzes the constituent elements of zoo animal causing human damage,and makes it clear This paper discusses the particularity of zoo's fault,that is,zoo should take a high duty of care in its daily management activities,which is closely connected with zoo's management responsibility.The core of zoo's fault is falling to fulfill its management responsibility.Finally,combining typical cases,this article discusses the zoo animal's fault identification rules from two aspects:zoo's fault identification and victim's fault identification.The determination of the zoo's fault should adopt statutory standards and reasonable expert standards;the determination of the victim's fault should be based on the application of Articles 26 and 27 of the Tort Law,divided into the victim's intentional and victim's faults;At the same time,the general requirements for the correct application of the rule of contributory negligence in judicial practice are clarified to ensure the reasonable and fair sharing of responsibilities between the parties.