On The Liability Of Raising Animals To Harm

The animal responsibility system is an ancient responsibility system,the law of ancient Rome period has carried on the regulation to it,the countries all over the world have also carried on the legislation regulation to it,it can be seen that the importance of the animal responsibility.Implemented on January 1,2021 in our country of the civil code of the People’s Republic of China(hereinafter referred to as the "civil code")tort liability weaving chapter 9for raising animals liability for damage caused by the problem,and compared the tort liability law,the civil code made up of chapter 9 7 in violation of provisions on animals to take safety measures to reduce the terms specified in the liability for damage caused by,It reflects the progress of China’s legislation,but in addition,it also improves the other controversial clauses on animal harm liability,triggering the discussion of related issues in the academic and practical circles.Therefore,this paper uses literature research method,case analysis method and comparative analysis method,based on the analysis and interpretation of the general theory,subject,imputation principle,defense reasons and foreign countries’ legislation of animal harm liability,the classification standard of animal,the title of the subject of responsibility and three special types of animal harm liability.That is to forbid the keeping of dangerous animals,abandoned or escaped animals,zoo animal harm liability rules to reflect.The standard of animal classification in China is complex standard,that is,according to the difference of animal risk and occupant,but this standard is confused and unscientific,which has been constantly debated in judicial practice and theoretical circles.Legislation stipulates that the animal breeder or manager is the general subject of animal harm liability.However,these two expressions are daily expressions with wider meanings and scope,which cannot reflect the ownership relationship between the subject of responsibility and the property right of the animal causing harm,and lack of legal significance.As for the liability of dangerous animals that are forbidden to be kept,the provisions on the grounds of defense are too strict,which is not conducive to the protection of the rights and interests of the subject of liability.We should appropriately increase the grounds of defense to protect the freedom of the actor on the basis of protecting the victim.China’s legislation does not stipulate the relief system of abandoned and escaped animals,leading to social problems caused by the animals being abandoned or escaped without effective relief,but also makes the victims’ personal and property can not be guaranteed,and the road of relief is difficult.For liability for damage caused by the zoo bred animals suitable for fault-presuming principle,goes against the dangerous responsibility theory is in violation of the principle of fairness,general average body not breeding animals,and the zoo breeding cheetahs,black bear greater danger such as animals,therefore,apply the principle of no-fault liability not only can reduce the academic criticism is more easily accepted by the public.Compared with the relevant provisions of China,the provisions of foreign laws on animal injury liability are more perfect.Therefore,China should learn from the relevant provisions of foreign countries and combine with the actual situation of our country to constantly improve the animal injury liability system.