Responsibility Research On Animal Damage Caused By Raising Animals

With the development of society,animals play an increasingly important role in people’s life.People under high pressure regard animals as their spiritual sustenance to relieve their pressure.Visiting zoos has become one of the important daily lives of people.The increase in the number of domestic animals has led to an increase in cases of domestic animal damage.Study of breeding animals cause person damage liability in our country only embodied in the “general principles of the civil law of the People’s Republic of China(hereinafter referred to as the “general principles of the civil law”)and “tort liability law of the People’s Republic of China”(hereinafter referred to as the tort liability law),the promulgation of these two laws has enriched China’s legislation on animal infringement,and has played a good guiding role in the attribution of human injury cases caused by animal breeding in practice.But due to the rapid development of social and legal lag and so on,these rules can be for a variety of case has a very good guide role.In the process of compiling the civil code,it is of great significance to discuss the deficiencies of the existing legal provisions and put forward some suggestions to improve them.China’s responsibility for damage caused by animal husbandry is mainly provided in the General Principles of Civil Law and the Tort Liability Law.In the article 78 to article 83 of the tort liability law,how to define the keeper and administrator,how to divide the responsibility form of them,how to define the animal zoo management responsibility,the presumption of fault liability imputation principle of appropriateness,abandoned,escaped animals cause person damage,the infringer shall how to relief,whether feeding people bear tort liability,and under what circumstances they should bear tort liability,the regulation of these problems is fuzzy,so did not play a good guidance role in practice.Keeper shall meet the requirements of the two,that is,using animals for their own benefit and having control over them.If the feeder of an abandoned,escaped animal has no control over it,he or she can’t be identified as animal keeper or manager,if the animal is stolen and it cause the tort,the robbers shall bear corresponding responsibility.During the compilation of the civil code,the responsibilities of the breeder and manager should be clearly defined.Generally,the breeder shall bear the liability for damages.When there is an administrator,the manager should bear the corresponding liability.Clarify the management responsibilities of the zoo,establish a diversified animal injury liability system,and balance the interests between the zoo and the infringed person.To improve the concept of abandoned and escaped animals,the animal registration system should be established to contain abandoned and escaped animals,and measures should be taken to implant chips into the animals,which is more conducive to finding the breeders or managers of abandoned and escaped animals,and the feasibility of the law should be strengthened.If the abandoned or escaped animal feeding person conforms to the characteristics of the breeder or manager mentioned above,it shall bear the corresponding responsibility;if feeding out of love alone does not produce the corresponding control,it shall not bear the corresponding responsibility.