Study On Civil Liability For Raising Animal Tort

With the socio-economic development and people’s material living standardsimprove, the relationship between humans and animals is increasingly close, the role ofanimals in people’s lives has gradually shifted from the traditional social subsistencenecessary transition to home partners for providing entertainment and accompanyingthe master, more and more people begin to raise pets, so the animal civil liability ofmodern society occurs often in the infringement disputes. The General Principles ofCivil Law on the liability for damage inflicted by an animal has been implemented since1987, and the Tort Liability Law for damage caused by the animal has beenimplemented since2010, the Tort Liability Law made the issue of animal tort than theGeneral Principles of Civil Law more clearly defined, but there are a lot of controversyin the theory and practice, still need to do further study in theory. In this paper, startfrom raising animal tort of the basic legal theory and the current legislative situation,especially in the context of the Tort Liability Law, do a legal analysis of the concept andcharacteristics of the animal liability, interpret and compare the domestic animalresponsibility system with foreign animal responsibility system, put forward someproposals, and hope to resolve the legal responsibility for raising animal tort in reality.In addition to the introduction and conclusion, this paper is divided into four parts: thefirst part, mainly with the Tort Liability Law to raising animal civil liability undertakestheoretical analysis, including the definition of raising animal, civil liability for animaldamage, animal civil liability cognizance, rules of liability and defense, especially thedangerous animal’s connotation and extension, Tort Liability Law provisions of thedirect responsibility person with feeding, management and third people, imputationprinciples according to the animal risk respectively assume different responsibilitiesmixed imputation principle, pleading no longer lists general tort liability in third humanfault, because Tort Liability Law has been clearly defined the damage claim right tochoose, eliminated third faults as keeper or manager relief liability defenses; the secondpart, compare the General Principles of Civil Law and Tort Liability Law on raisinganimal’s liability rules, the latter is more obvious than the former detailed, such asprovisions of the specific types, employs a plurality of mixed imputation principle,makes clear defense, adds to the zoo animal liability and abandoned or escaped animalliability rules. It can be said, Tort Liability Law sums up the General Principles of Civil Law since the implementation of fresh experience of legislation and judicature, inadherence to the traditional in tort law, and Anglo-American tort law superiority, theformation of China’s tort law characteristic, is an advanced, practical and scientific civillaw. But the Tort Liability Law with all laws and regulations, it is difficult to include allthe possibilities, there are still inadequate, such as the animal liability scope is notspecific, responsibility rules are unclear, provision of abandoned or escaped animalliability is not perfect etc; the third part, the foreign animal civil liability systems areclearly elaborated, including Germany, France, Japan, the United States, Britain, Chile,analyzes their characteristics, advantages and the enlightenment to our legislation,especially the major significance for our country Tort Liability Law; part fourth,although Tort Liability Law is more scientific and practical than the General Principlesof Civil Law, a law is always impossible to include all the possibilities, and differentpeople have different understandings, so there are still controversial issues in our legaltheory and legal practice. The author puts forward some suggestions, includingexplicate the compensation scope of animal liability, establish the rules of sharing theresponsibility for animal tort, improve the provision of abandoned or escaped animalliability. Hope this will help to correctly solve the legal disputes about animal tort, toeffectively protect the legitimate rights and interests of citizens.