Research On The Tort Liability For Damages Caused By Stray Animals

With the continuous improvement of people’s living standard,the number of reared animals is increasing.Due to the lack of management,it is frequently happened that people are hurt by abandoned animals.The relevant provisions on the infringement caused by stray animals in the Civil Code of People’s Republic of China are too vague and the scope of application is narrow.In reality,it is often difficult for victims to find the original animal breeder or the manager to claim the tort liability.In the face of a single legal regulation and a large number of similar cases of harm caused by stray animals,the judges at different levels in different places give different reasons for the judgment.It not only jeopardizes the credibility of the judgment,but also damages the authority of the judiciary,which makes hard for the public to believe.Through in-depth analysis of classic cases,this paper will sort out the discussion and research on the tort liability of animal injury in existing theories,summarize the problems existing in the tortious damage of stray animals in reality in China,and give the author’s own thinking and suggestions.This paper is divided into four parts in total:The first part is based on the legal provisions of Article 1249 of the Civil Code on the definition of stray animals,and analyzes the problems existing in current Laws about the tortious damage caused by stray animal,including the vague concept of stray animals,the unclear standard of the subject of responsibility,the incomplete distribution of liability,the narrow scope of compensation of the damage etc..The second part shows that combined with academic debates about the connotation of the stray animals,it discusses the real harm of stray animals and sums up the definition of stray animals.The conclusion is that the stray animals,though wild,realistic risk in humans,but still belongs to domesticated animals in nature.The third part starts from the historical origins of the scope of charge person for stray animals,analyzes including the original animal breeder or manager,feeder,residential property manager,the administrative organ,etc.Combined with related legal cases,it further elaborates the subjective fault of liability body and exemption.The fourth part puts forward specific suggestions to improve the problems existing in the legal remedy for the damage caused by stray animals.From the perspective of legislation,it clarifies the provisions on the subject of responsibility,the distribution of responsibility and the scope of damage compensation.From the perspective of management system,it is proposed to improve the registration and filing system of raising animals,promote compulsory liability insurance for pets and establish homeless animal shelters.I hope to provide some ideas for the legal relief of the victims and make a modest contribution to the relief of the damage caused by stray animals in China.