Research On The Perfection Of The Tort Liability For Damage Caused By Zoo Animals In Our Country

In recent years,with zoos gradually becoming one of the main places for people's daily entertainment,the damage caused by animals in zoos has become more and more frequent.As a professional organization for raising animals,zoos have managed and domesticated the animals in the garden to a certain extent,but the natural danger of animals is always greater than that of domestication.Once animals are harmed,they will cause a certain degree of human life.Property damage,so the study of zoo animals caused by human damage the necessity and importance of self-evident.This paper analyzes the scope of application of zoos,whether to fulfill the management responsibilities and the application of the principle of imputation,in order to provide a useful reference for the perfection of the rules of tort liability for animal damage caused by zoos in China.In the first part,the author sorts out some cases of zoo animal infringement from 2010 to 2017 in China,analyzes the problems existing in the judicial determination of zoo animal infringement liability,and objectively reflects whether the zoo does not perform its management duties and whether the victim has the crime.The different judgments of the same case,such as the inconsistent identification of errors,the inconsistent standard of identification of evidence,and the prominent demand of the second instance.The second part analyzes the current legislative situation of the rules for determining the liability of infringement of zoo animals causing human damage,combs out the legal rules involved in the liability of infringement of zoo animals causing human damage,and analyzes the omissions and ambiguities in the legislative rules.The third part,on the basis of summarizing the first two chapters,takes the principle of tort liability and the exemption system as two key elements to examine the key issues of the current situation of China's zoo animal damage tort liability rules.Through the analysis of the difference between the liability of presumption of fault and the liability without fault on the principle of imputation,this paper proves that the liability of presumption of fault is not reasonable.The system of exemption is divided into two parts,focusing on the zoo management responsibilities from the basic theory and judicial criteria,and analyzed such exemptions as the intentional or gross negligence of the infringed,the fault of the third party,force majeure and contractual agreement.In the fourth part,aiming at the problems mentioned above,and combining with the current legislative norms and judicial practice status and deficiencies,the author puts forward specific suggestions on the rules of tort liability for zoo animals causing human damage.Through defining the scope of the zoo,defining the standard of the zoo's management responsibility,defining the zoo's damage mode and the standard of compensation for damage,redesigning the principle of liability fixation and so on,this paper puts forward some feasible suggestions,and puts forward some specific laws and regulations of zoo's animal tort,trying to assume the rules of tort liability,judicial interpretation and practical matching.At the same time,through a series of ways to explore and put forward the zoo animal damage tort liability rules perfect measures and operational suggestions.