Font Size: a A A

Research On Zoo Animal Damage Liability

Posted on:2021-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the rapid development of economy,people have extensive contact with many animals in daily life,and have established a close relationship with each other.While feeding animals provide humans with material benefits and spiritual satisfaction,animals often instinctively attack based on their inherent characteristics and damage human rights and interests.The promulgation of the "General Principles of Civil Law" of our country's laws,especially the "Law on Tort Liability",provides legal norms for studying animal harm.Combined with the specific characteristics of zoo animal damage,deeply study the animal damage responsibility system,find the defects of zoo animal damage responsibility system,and put forward suggestions to make up for the defects of the system,so as to better protect the legitimate rights and interests of the victims.At the same time,it is of great significance for the good construction and improvement of the rule of law system.This article is divided into five parts,the first part is the introduction.The second part expounds the basic theories of animal damage liability,including the theory of danger liability and the theory of alternative liability.Both of these theories focus on the dangers of animals themselves but each has its own focus.The theoretical basis for the liability of zoo animals for damage is derived from the theory of dangerous liability and the theory of alternative liability.The third part studies the animal damage liability system.This part mainly discusses the principle of liability of animal damage liability,the subject of damage liability,the constituent elements of damage liability and the exemption reasons of damage liability.Among them,it focuses on the principle of liability of animal harm liability.Through analysis and comparison of domestic and international legislation on the liability principle of animal harm liability,it is found that animal risk is the primary consideration factor for countries to determine the responsibility of animal harm liability.The fourth part analyzes the shortcomings of the principle of liability and the main body of the liability for damage caused by the zoo 's animal damage liability system in China.The fifth part puts forward suggestions to make up for the shortcomings of the zoo animal damage liability system in China.
Keywords/Search Tags:animal infringement, no fault liability, fault liability, fault presumption liability
PDF Full Text Request
Related items