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Research On The Civil Liability Of Consumer Privacy Infringement In Online Shopping

Posted on:2021-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:L HuFull Text:PDF
GTID:2416330623973193Subject:legal
Abstract/Summary:PDF Full Text Request
At present,the problem of stray animals has become a common problem in most cities and towns of our country.The main reason is that the number of families raising pets is increasing,but the matching pet registration management system is not perfect and some owners and managers lack the sense of responsibility,which leads to some pets leaving the original owners and managers.These animals continue to multiply during the wandering process,resulting in thousands of stray animals.While stray animals have an impact on the natural and human environment,they will also cause damage to people's lives and property,resulting in tort liability.Regarding the relief of rights,China's existing laws and regulations have a single stipulation on the subject of stray animal tort liability.Article 82 of tort liability law stipulates that the original keeper or manager of animals shall bear the tort liability caused by the abandonment and escape of animals.However,after the occurrence of tort liability,it is usually difficult to determine the original keeper or manager of the animal.In this case,the judge generally regards the feeder of the stray animals and the manager of the place as the subject of tort liability and requires him to bear tort liability.In practice,the feeder is usually identified as the fact breeder or causeless manager;the site manager includes property,other legal persons,schools,administrative departments,etc.These subjects are far beyond the scope of the subject of stray animal tort liability stipulated in the Tort Liability Law,and whether it is reasonable to identify them as the subject of stray animal tort liability is also controversial.In additions,there are also problems in practice,such as the way of bearing the responsibility of the fact breeder and the manager,and the determination criteria for compensation for mental damage are not clear.These problems not only result in the victim not receiving reasonable relief,and the legitimate rights and interests are not guaranteed,but also lead to some feeders with good intentions to bear unreasonable responsibility.At this stage,how to protect the legal rights and interests of each party is an important proposition we need to consider.This paper explores the problem of stray animal tort liability through four parts.This paper explores the tort liability of stray animals in four parts: in the first part,the author starts with the concept,harm,and status of infringement of stray animals,gives an overview of stray animal infringements;in the second part,the author summarizes and analyzes typical cases of stray animals' tort in China,then draws relevant disputes in practice;in the third part,the author gets relevant disputes through summarizing relevant disputes;In the fourth part,the author puts forward some suggestions on how to deal with the disputes from the aspects of legislation,justice,and so on.The author also believes that the relevant legal provisions should be improved,relevant social relief mechanisms should be established,and animal feeding management should be standardized.It is hoped that it will help to deal with such problems in practice,and also provide a reference for solving the problem of infringement of stray animals in China from the source.
Keywords/Search Tags:stray animal, feeder, site manager, unreal joint-liability
PDF Full Text Request
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