Applicable Law From Animal Injury Cases

This paper studies the problem of animal virulence is applicable from case law. Theauthor of Jiulongpo District in Chongqing city from a Tibetan mastiff wounding as analyticalperspective, the case analysis to explore this problem report form.This paper breaks the general form of the case analysis report, first of all to distinguishdetail lists3typical animal falls virulence cases, that such cases become multiple trend, andthen from sociological aspect reason analysis of such cases and to explore thecountermeasures to the general idea, research on animal falls to damage phenomena arediscussed.On the basis of this into this theme--from animal damage caused by the case lawapplicable provisions, the focus of controversy in the Tibetan mastiff from wounding--applicable provisions of animal damage or suitable objects damage, point out the maindifferences of opinion and argument processing, the differences of opinion are reviewed, andthe necessity the application of the law of the damage caused by the case of animal falls andthe importance of permeability.The third part and the fourth part is the focus of controversy of the case to destructionbefore construction ideas, to affirm the proposition directly in the form of case of differencesof opinion to make decision, the author views on the research question--animal damagecaused by pests from class should not be applied to cases prescribed items shall harm causedby animal provisions applicable. In the third part, from the concept of animal and object to,explain, explanation of the meaning of law and comparative law are the animal does notbelong to the "object" of the conclusions from the context, then from the object damageliability constitution make a careful and detailed analysis that such cases should not beapplicable to the law of the damage caused by an object, analyses the disadvantages andsettlement provisions such cases caused by objects. And the case materials of three interestinghuman falls injury problems: a person without capacity for civil conduct and virulence,virulence, falling type Dutch act generally slip from a building damage, by logical means reductio to add provisions not suitable objects liability in such cases the reason. The fourthpart from the animal virulence of the liability of damage caused by the animal, analysis fromsuch cases in accordance with animal virulence of liability, and from the angle of functionmethod for damage caused by the provisions of that animal can achieve the instruction andeducation function of law, and suitable animal virulence regulation more respect the facts ofthe case, many argued such cases shall be prescribed by the reason for animal pests.Analysis of the Tibetan mastiff finally return after wounding, are reviewed in twoaspects of praise that the court’s application of law, reaffirming the author viewpoint for theproposition--from damage caused by pests specified animal class should not be applied tocases of object and should be applicable to animal damage provisions.