Research On The Responsible Subject Of Damage Caused By Stray Animals

In recent years,with the booming economy of our country and the continuous improvement of people's living standards,pets have gradually entered more and more families.Pets accompany people as breeding animals,bring many new pleasures to people's lives,and enrich and improve people's lives.However,in the process of raising pets,it is very common for pets to be separated from the breeder for various reasons.Pets become stray animals once they are out of control of the breeder.The number of stray animals in China is increasing with each passing day.At the same time,the infringement cases of human injuries caused by stray animals are also increasing in the same proportion.The problem of infringement of stray animals is becoming increasingly prominent,which threatens the lives and health of people and their personal property at any time.Not only that,it also brings many problems to urban sanitation and epidemic prevention.Therefore,how to solve the problem of human damage caused by stray animals from the perspective of law is a serious issue facing the legal profession.Chinese law does not specifically define stray animals,only analyzing the meaning of the words can be understood as leaving the control of the breeder,wandering animals.Article 82 of the Tort Liability Law stipulates that tort liability caused by stray animals shall be borne by the original animal breeder or manager.However,with the increase of infringement cases,some cases have become more complicated than before,and cases where the original breeder or manager cannot be found abound.At this time,it is difficult for the victim to find the subject responsible for compensation and to safeguard their legitimate rights and interests.In view of this,it is particularly important to study the responsible subjects of human damage caused by stray animals.This article adopts case analysis and comparative research method.First of all,it takes three classic cases of human damage in stray animals in judicial practice as the starting point,leading to the discussion on the subject of human damage caused by stray animals.Secondly,through the analysis of the basic theories of stray animal-induced human damage,the definition of stray animals,the legal status of stray animals,and the principles of liability for strayhuman-induced damage are laid to lay a solid foundation for identifying the responsible person for stray human-induced damage.Thirdly,it focuses on the deficiencies of China's current laws and regulations in addressing human damage caused by stray animals,and analyzes the causes of the problems.Finally,put theory into practice,and put forward suggestions to improve China's relevant laws and regulations in light of China's national conditions,in order to properly solve the problem of responsible subjects of stray animals in human damage in practice.