The Study Of Law Applicability Issues For Liability Of Damage Caused By Feeding Animals

The economic base determines the superstructure, along with increasing of living standard,the people's demand for spirit also become important increasingly. Especially for the scope and the type of breeding and management of animals are increasingly diverse and complex, which directly or indirectly lead to cases increasing of the damage caused by animals, and it brings a lot of trouble and distress to people's lives, and raises concern in the community. "Tort Liability Law of People's Republic of China" is passed on December 26, 2009 and implemented from July 1, 2010, and it filled the blank of tort of damage caused by animals, so that the Tort Law has entered a new era. The implementation of the law has become the most powerful and most direct instruction of tort cases, so made the original difficult cases treated easily. However, the society is developing, the law is lagging, when there is a new case, some provisions of the law is ambiguous, or even blank. I believe that there is still imperfect and areas for improvement in animal tort at least. In this paper, begin with a typical tort case, to analyze the questions related to the tort of damage caused by animal. This paper is divided into four chapters:Chapter one: a typical tort case, went through the first trial and the second trial, and analyzed the focus of the trial and the controversy during the first two trials, which drawing off the writing intention of this article.Chapter Two: Theoretical analysis of the focus of the controversy. From the principle and rule of the tort, we analyze the type of liability applicable to the case and the relevant legal principles.Chapter Three: legal issues arising by damage caused by feeding animals. State the history of damage caused by animals from ancient times to the present, and define the concept of the legal aspects of animals, and then discuss the constituent elements, the burden of proof and exemptions of damage caused by animals, and make a concrete analysis of each specific question.Chapter Four: improve the law of liability for damage caused by animals. It concludes that our country is inadequate from the foregoing analysis, and to propose measures to improve and the mechanisms to redress.