Study On Animals Tort Liability

Animal virulence is a special responsibility Tort Liability. Animal Tort Liability Law of our country regulates inflictions caused by animals in one whole chapter. Owning to the tort liability law implemented for a short time, its theory and practice are not very mature. Therefore, there are many different understanding towards this chapter content, such as whether the classification of animals is feasible, whether the zoo animals in faultless-presuming principle is reasonable and force majeure in all types of animals are applicable. This paper will analysis these controversial issues, especially for definition and scope of animals, doctrine of liability fixations, liability body, and causes eased and exempted.In chapter one, from comparison of the continental law system and common law, I have summarized two factors to define the scope of infringing animals, one is that the animals should be for specific people who keep or manage; the other is that specific people have the right to control them. Recognition of the scope of animals is the prerequisite of other investigations.In chapter two, I have presented principle and regulation of inflictions caused by animals as well as our country no-fault liability principle and the principle of fault liability binary imputation system. In my opinion, towards zoo which is for free, it is more applicable to use fault-presuming principle, which can better protect victims.In chapter three, I have discussed responsibility theory basis and analysis the subject of animals and standard to recognize the subject liable. I think we should introduce the method of Germany, including two criteria; one is that people can use animals in their own interests; the other is that at the same time they have the power to make decisions towards their animals.In chapter four, I mainly discussed the Anglo-American law, civil law and our China law towards mitigate and disclaimer reasons on the issues of animal inflictions. I think only people who have certain career have the right to make agreement to avoid responsibility. Due to force majeure, it will not be necessarily become disclaimer reason of animal inflictions.