Research On Tort Liability Of Stray Pets

With the rapid and efficient development of society,people pay more and more attention to spiritual enjoyment and experience under the premise of satisfying material conditions.Many people choose to keep pets as a kind of spiritual sustenance or companionship.However,due to various reasons such as the negligence of the owner,the abandonment of people,the escape of pets,etc.,some pets are left on the streets without being fed or managed,and become stray pets.In addition,the lack of my country's system and laws regarding the management of stray pets has led to a gradual increase in the number of stray pets,and occasional injuries and damages occur.In addition,when the infringer seeks compensation,it is often because the stray pets do not have clear information.The administrative department and the owner often fail to obtain practical relief for the infringed,and often bear all the losses themselves.In an environment where my country's current laws do not clearly stipulate the infringement of stray pets,when people encounter such problems,how to protect their legal rights through the law?How do judges make judgments that conform to both the law and the human condition?It is a topic that many jurists and scholars care about and discuss.The author will study and discuss the relevant laws and regulations of the ninth chapter of the ninth chapter of the tort liability of the "Civil Code" of my country's "Civil Code",and analyze the identification of the breeder and the manager and the liability for compensation in different situations.For the research on stray pet infringement liability,the author will conduct research from the following seven parts:The first part is the topic background,research status,research significance,research methods and innovations and shortcomings of this article;the second part is the issue of stray pet infringement.How it came about is mainly to cite three real cases in life,and study the legal principles through judicial practice;the third part is the definition of stray pets and some related concepts and the relationship between them,such as pets,animals,How to distinguish the definition of stray pets;the fourth part is the causes and management status of stray pets,let us understand some of the current system defects in the issue of stray pets;the fifth part is about the infringement of stray pets at home and abroad Related regulations,let us find some legislative measures that will help us solve our country's actual problems;Part VI:The theoretical analysis of stray pet infringement liability,including the principle of liability,the subject of liability,the responsibility and the reasons for exemption,which are academic principles Go up to study the legal issues of stray pet infringement;the seventh part is to establish and improve the relevant systems and measures for the management of stray pets in our country,which includes that the government should establish a special management and shelter for stray pets,so that there is a special government agency to manage They can reduce their number in the society and make the probability of infringements even smaller.Moreover,there is an object for the infringee to recover compensation.In addition,the protection of breeders and management in China's "Civil Code"should be improved.After the definition of a person has a unified standard,for the infringed,their rights can receive due relief,and it is no longer a dead letter.In this paper,it is hoped that through the study of this problem,a certain solution can be provided for solving the problem of stray pet infringement.