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Empirical Research On Rescue Of Tramped Animal Infringement In China

Posted on:2024-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Y XuFull Text:PDF
GTID:2556307121965379Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the level of social productivity in China has significantly improved,and the material living standards and spiritual and cultural needs of the Chinese people have continuously increased.In modern life,people rarely raise animals for the purpose of obtaining production tools.Instead,more and more people are using their pets as their companion animals,which allows people to obtain some spiritual comfort beyond the fast-paced social life.If personal pet ownership has gradually become a fashion trend,then raising pets on a household basis has become a growing choice for more and more people.Nowadays,many families choose to keep pets because keeping pets in the home not only brings joy to the family,brings emotional distance between family members closer,creates a happy and harmonious atmosphere,but also improves the living conditions of family members.In terms of the existing legal environment in our country,the issue of infringement and damage caused by stray animals cannot be effectively resolved.If we do not accelerate the rapid and efficient handling of the current issue of infringement and damage caused by stray animals in our country,it will bring significant challenges to urban health and epidemic prevention and safety assurance work,and will also pose a huge threat to the safety of people’s lives and property.So,how to better solve the problem of infringement and damage caused by stray animals from a legal perspective is a very important and urgent problem in the current legal and practical circles of infringement behavior in China.Looking at the current civil law legal system in China,it can be found that there is no clear explanation for the concept of stray animals in the code,and the most similar explanation can be found as "abandoned or escaped animals".Currently,the judicial practice of infringement and damage caused by stray animals in China has become increasingly complex due to the complexity and variability of specific cases.This article adopts case analysis,comparative research,and other methods.Firstly,it takes three classic cases of human damage caused by stray animals in judicial practice as the starting point,leading to a discussion on the subject of liability for human damage caused by stray animals.Secondly,through the analysis of the basic theory of human damage caused by stray animals,the definition of stray animals,their legal status,and the principle of liability for human damage caused by stray animals are clarified,laying a solid foundation for identifying the subject of liability for human damage caused by stray animals.Once again,the focus is on exploring the shortcomings of current legal provisions in China in addressing human damage caused by stray animals,and analyzing the causes of the problem.Finally,put theory into practice and propose suggestions for improving relevant legal provisions in China based on the national conditions,in order to properly solve the problem of the liability subject for human damage caused by stray animals in practice.Therefore,studying the subject of liability for stray animal infringement and damage in China can help judges more efficiently and correctly identify the subject of liability for stray animal infringement and damage in the trial of stray animal infringement and damage cases,and timely compensate for the personal and property losses suffered by the victims.This is particularly important for alleviating the tense social relationship caused by the current symbiotic contradiction between stray animals and humans.
Keywords/Search Tags:Damage caused by stray animals, Tort liability, Subject of liability, Original breeder or manage
PDF Full Text Request
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