Research On The Legal Problems Caused By Stray Animals

Due to the lack of management,stray animals can be seen everywhere,and stray animal injuries occasionally occur.Someone needs to take the responsibility for the damage caused by stray animals,and the subject of this responsibility has clear provisions in the tort liability law.By looking up cases and analyzing cases,this paper finds that in practice cases,some courts in different regions and at different levels have similar decisions but different results,which is not conducive to the management of stray animals,thus is not conducive to the protection of victims,and even harmful to the credibility of judicial decisions.Aiming at the problems in the regulations on stray animals causing harm to people,this paper mainly enumerates typical cases and summarizes the legal problems.Then the typical cases were analyzed and discussed,and it was found that the cases reflected the controversial issues: first,the identification of the responsibility subject of stray animals;One is on the responsibility identification of multiple responsibility subjects;Then it is about the stray animals in the human damage,in addition to the tort damage compensation,other relief mechanism is not perfect.The first controversial issue is also the most necessary issue to be discussed,that is,the subject of liability for stray animals.According to article 82 of the tort liability law,the original animal keeper or manager should be liable for the damages caused by stray animals.This paper finds that the scope of responsibility subject is too narrow and not enough to adapt to the complex and changeable situation in the real society.Moreover,the court's recognition of the good-faith feeders as animal breeders or managers obviously violates the principle of fairness and justice of civil law.In order to solve this problem,this paper first to expand the main responsibility of stray animals,think that the main responsibility of stray animals should not be limited to the animal's original breeding person or a receiver,it should also be applicable to the current "tort liability law" prescribed in paragraph 1 of article 37 of the safety guarantee obligation is included,and suggested that ngos can be incorporated into the keeper or manager category of stray animals;At the same time,it is demonstrated thatthe good-faith feeders do not constitute the breeders or managers identified in the case.Then,combined with cases and legal provisions,this paper discusses the composition of multiple liability subjects,including those who are not truly jointly and severally liable,those who are jointly and severally liable and those who are supplementary liable.The last part of this paper also proposes to improve the diversified relief mechanism to better relieve the victims of stray animal infringement.