Research On Human Injury And Infringement Caused By Stray Animals In China

In recent years,with the rapid development of economy and the progress of living standards,a growing number of people keep pets.Pets help people relieve loneliness and stress and bring joy and companionship to modern life.At the same time,stray animals can be seen everywhere in life.The news of abandoning pets and escaping and wounding people after losing pets is gradually increasing in society,and the number is increasing in proportion.Although article 1249 of China’s civil code clearly stipulates the subject of responsibility for abandoned and escaped animals,in reality,it is often difficult for the infringed to really find the subject of tort liability and can not get effective relief.In judicial practice,the people’s courts at all levels have a large discretionary space and different judgment results when trying and executing such cases.At present,there is little theoretical research and attention on the infringement of stray animals.Under the current imperfect legal system and endless infringement disputes,it is very necessary to study the infringement of stray animals.This paper studies through five parts.Firstly,it defines the related concepts and legal status of stray animals,the imputation principle and exemption reasons in tort liability,so as to provide theoretical support for the research of stray animal tort;Secondly,it studies the current situation of stray animals,which is divided into legislative status,management status and judicial status;By searching relevant cases,combined with the point of view in judicial trial,this paper emphasizes the social seriousness and urgency of stray animal infringement;Thirdly,through the phenomenon to see the essence,this paper discusses the problem that it is difficult to deal with the infringement of human damage caused by stray animals under the current law;At the same time,learn from some other countries with more perfect laws on animal protection.Finally,combined with China’s current legislative reality and national conditions,this paper puts forward improvement suggestions from the two aspects of improving legislation and stray animal management and assistance,starting from the protection of the rights and interests of victims and focusing on the liability of infringers.We hope to clarify the subject of responsibility,solve a series of social problems caused by human damage caused by the lack of effective management of stray animals,and pay more attention to stray animals.