Some Legal Problems Of Wild Animals Causing Damage Liability

While China is laying an increasing emphasis on the protection of wild animals,the relationship between humans and wild animals in some areas is becomingextremely tense along with the continual expansion of people’s production and lifesphere. Cases of wild animals biting people and livestock to hurt and death, ortrampling crops happen frequently. China’s Wild Animals Protection Law clearlystipulates that citizens who have suffered losses caused by national and localprotected animals may request the local government to compensate. But thereluctance to introduce local legislation is having an impact on solving the problemsof damages caused by wild animals. Due to a lack of specific and feasible measures,the government’s mode of compensation can hardly compensate for the loss of thevictim. This paper is based on the study of two cases and elicits a series ofcontroversial problems. It then analyses the cases and summarizes comments combingwith the focus of controversy in the end.The first part of this paper is mainly about a brief introduction to the cases beinganalyzed, a summary of the focus of controversy and restrictions on the problemsbeing discussed. The disagreements in the two cases mainly lie in the following twoissues: firstly, what kinds of wild animal attacks are of the government’s responsibilityto make compensation; secondly, whether to make administrative compensation orcivil compensation for those damages caused by wild animal attacks.In the second part of this paper, mostly it debates on the debatable points one byone and clarifies which point of view is in favor of solving the problems. Then itdiscusses the two specific cases based on the final controversial conclusions. Firstly,based on the analysis and conclusion about what kinds of wild animal attacks are ofthe government’s responsibility to make compensation, it comes to a conclusion thatthe government should compensate if the damage is caused by protected wild animals. Therefore, instead of getting injured and dying for nothing, case no.2 should getcompensation. Secondly, based on the debate of making administrative compensationor civil compensation, it takes the viewpoint of making civil compensation liabilitywhich is in favor of protecting the victims. Therefore, in these two specific cases, allthe victims can get proper compensation after making civil compensation liabilityanalysis.The third part gives some specific suggestions on the aspects of reality andextension. It also gives thought to the relevant legislation based on the cases’enlightenment and puts forward some suggestions on perfecting legislation. Outcomeof the case is analyzed combining with the viewpoints obtained from debatable pointsanalysis. After all those work, a brief analysis of the outcomes of relevant cases andsome suggestions are put forward so that the cases can be solved fair and reasonably.It longs for an important significance and a profound influence on the judicialpractice.