A Study On The Principle Of Liability In Animal Tort

About animal tort imputation principle in our country,from the general principles of the civil law to the relevant provisions of the tort liability law,more and more perfect,but there are still many problems,part of the laws are unclear,This is controversial about the relationship between the clauses and how to apply the controversial,such as whether to animal dangerous degree of different for different imputation principle,domestic study of imputation principle more representative scholars,their ideas are according to the risk,apply the principle of imputation of diversification.Separation in the animal feed and administrator,different responsibility main body responsibility,how the act of tort liability in the general conditions of force,the third person infringement fault such as defense,whether tort rules can be directly applied to animals.There is no rules in our country,but their resolve to continue to improve our country's animal infringement problems is of great significance.This article from the current legislative status,It is affirming of the progress of the current legislation in China,put forward the existing problems of animal tort imputation principle is still in China.For some fuzzy law interpretations and controversy,was carried out on the part of the law interpretation.For other unsolved problems,through the comparative analysis method from abroad to find the relevant provisions of the significance,and on the basis of the related system improvement measures are put forward.Besides preface and epilogue,this article includes four parts.First,the animals summary of tort imputation principle.Article on the current legislation in China,analyzes the animal tort imputation principle of the legislative process,comb the development of animal tort imputation principle in our country,a clear system gradually perfect,the infringement of animals in China and analyze the relevant theory.Second,animal tort imputation principle in China are put forward relevant problems existing in the system.Part including statutory interpretation of fuzzy and animal tort imputation principle in the other place need to be improved.Third,the paper analyzes the principle of liability fixation of damage caused by the animal outside of law.From the perspective of comparative law,carries on the detailed analysis and discussion.From the responsibility main body,animal risk distinguish,three aspects,the justifications on outside law to our country of imputation principle can helps for damage caused by the animal.Fourth,the improvement of the imputation principles of damage caused by the animal in our country.Through the above comparison,find the problems existing in the infringement of animals in China and put forward reasonable suggestion.