Animal Tort Liability Study

Animal damage is a classical tort liability types, as early as in the ancient Rome law willanimal damage damage as quasi private make a form. Now the world has relevant legalprovisions. In our country, normative animal tort liability legislation is " the generalprinciples of the civil law " and " tort liability law."." The general principles of the civil law" only a specified animal tort liability, namely127th, but this article is quite general, alreadycan not adapt to the complicated and changeable social life, both in theory and in practice hasexposed some problems." Tort liability law of succession in the general principles of the civillaw.""" main rule under the premise, made more detailed provisions, make up for somedeficiencies. Here in this paper by comparing the legislation in foreign countries, usingcomparative analysis method, studies the relevant legislation in our country and the statusquo of research, analysis and summary of the progress and deficiencies, on the basis ofreference the beneficial foreign theory and practice experience, combine our country nationalcondition to put forward a few improve animal tort responsibility suggestion. The main ideaof this thesis is:The first part is introduction,the first is the research purpose and meaning,the damagecaused by the raising animals has been a real problem we face in life,in2010Chinapromulgated the<tort liability law>has made a lot of progressive rules,but there are also somedisadvantages,discussed in this paper,based on the law and our national conditions.Followedby the domestic and foreign research methods,this paper applies the method of comparativeanalysis of damage caused by the animals in our country are discussed in imputationprinciples of tort liability.The second part is about animal tort liability theory analysis, first from animal tortliability ’s concept and the characteristic of two respects elaborated animal tort responsibilityis what, the analysis of animal tort liability theory, which is why should bear theresponsibility problem, caused by animal what harm ah want to be assumed by the person,according to the theory of dangerous liability responsibility not to wrongfulness is premise,its basic idea is not for wrongful sanctions, but based on the concept of distributive justice,reasonable distribution of calamity damage. Responsibility is based not on behavior person’s fault, but dangerous. Have the same rights and obligations principle is also the animal keepers,or managers responsible for the theoretical basis of the animal, the owner or keeper of theanimal in the feeding process can obtain certain benefits, it is their right, therefore theyshould also assume corresponding obligation, which reflects the rights and obligations of theconsistency principle.The third part is the animal tort liability, first the comparative analysis of civil lawsystem and Anglo-American law system countries on several major animal tort responsibilityimputation principle in terms of the relevant provisions, summed up China’s animal tortresponsibility imputation principle is no fault and the presumption of fault liability imputationsystem in two yuan, this is our country " tort liability law " in the new rules. Then we discussthe animal tort liability, general constitutive requirements include; animal dangerousimplementation, the fact of damage, damage fact and animal dangerous to achieve a causalrelationship between. And apply the presumption of fault liability principle of animal damagealso need the presence of presumption of fault. Finally it discusses the animal tort liabilityexemptions, first summarizes the legislation about the exemption is some changes andgeneral exemptions of the rule, and then discusses the victim fault, force majeure andagreement exemption three exemptions apply.The forth part is the animal tort liability, in order to solve the animal tort liability issues,it is necessary to solve the animal tort liability body and animal tort liability compensationscope, subject of liability is settled by the who assumes responsibility for compensation, andthe scope is the solution to assume responsibility the scope of the problem. Different damageleads to the scope of compensation is not the same. The concrete can be divided into simpleproperty damage, yet the cause of disability, animal damage cause of disability, animaldamage causing a person’s death. In addition, infringement of personal rights of others,causing serious mental damage, the infringee may request compensation for mental damage.In this section some of the responsibility of specific problems, such as the rule of contributorynegligence is applied, a number of animal but cause the same damage liability problem, thisalso to a certain extent determines the animal damage liability.The fifth part is based on the first three parts of the animal tort liability based on theanalysis of animal, tort liability for the evaluation and puts forward some suggestions. Our country " tort liability law " provisions of the animal tort liability with Chinese characteristicsis the animal tort liability, its progress, such as the removal of third party’s fault asexemptions, can better protect the victim, is conducive to the timely relief. But there are alsoa number of shortcomings. Such as a zoo animal virulence apply the presumption of faultliability principle sufficient reasons, exemptions stipulated too harsh, abandoned, runawayanimal damage liability for lack of maneuverability. In order to solve these problems thispaper puts forward some suggestions for one one, can improve the zoo management dutystandard, appropriate abundant defenses, abandoned, escape animal damage put forwardadministrative organs to perfect relevant system and through dangerous liability on theprinciple of " the weak" protection and the corresponding measures. Expect to improveanimal tort liability of relevant legislation and theory benefit somewhat.