Research On The Security Obligation And Responsibility Of The Zoo

With the development of the times,people's material living standards are improving day by day,and more people pay more attention to the enjoyment of spiritual life.Therefore,under the premise of undertaking the function of popular science education,the zoo has also become a place where many families like to play,but followed by frequent animal infringement incidents in zoos.Although our country has specific legal provisions on the tort liability of the obligation of safety and security,its provisions have some generality,which is not conducive to the specific application of judicial practice.Therefore,this article will carry on the thorough analysis through the big dispute Beijing Badaling wildlife park tiger wounding case,in order to provide the constructive legal opinion for the future judicial practice.In this paper,there are three parts to analyze the infringement disputes caused by the zoo's violation of security obligations.The first part,through the introduction of the case of tiger injury in Beijing Badaling Wildlife Park,and the trial of the case,sort out the main dispute focus.The second part analyzes the dispute focus one by one.First of all,clarify the legal basis and specific content of security obligations,so as to judge whether zoos undertake security obligations.Secondly,through the above analysis,it is concluded that zoos should assume the duty of security obligations,so we further analyze the principle of imputation and the constituent elements of tort liability of zoos for violating the duty of safety and security.Finally,the paper further analyzes the liability form of tort liability for breach of safety and security obligations and the reasons for exemption claimed by the zoo,so as to judge the liability of both parties.The third part,through the previous research on animal rights infringement in zoos and analysis of the current relevant legal provisions in China,put forward the legal thinking caused by this case.First of all,make clear the specific content of the zoo security obligation to ensure that the judicial organs inthe judicial practice to achieve compliance with the law.Secondly,improving the responsibility of zoos to violate the security obligations to ensure the fairness and fairness of the outcome of such cases,but also through improving the zoo insurance mechanism to reduce the risk of liability.Finally,strengthen the supervision of high-risk projects in zoos to ensure that zoos fully fulfill their security obligations.