A Research On The Compensation Liability For Damages To People Caused By Zoo Animals

In recent years,with astonishing speed in the rapid development of economy in our country,the people’s living standard has been improved,leisure time and various during the vacation,the activities of people more rich and diverse.So,a lot of zoo sprang up in major cities and regions,but nervous,the number of the zoo animals cause person damage event is also rising.After a statistical study found that although the implementation of the tort liability law in our country have a clear responsibility for damage caused by the zoo animals but law imputation of bureau be confined to only level,very few works from the perspective of compensation responsibility for damage were analyzed.Therefore,the author combining with the tort liability law and the liability for compensation of knowledge understanding,draw the advanced experience,by causal analysis,empirical analysis,and value analysis and other research methods,the zoo animals cause person damage compensation liability issues from the zoo animals the definition,the principle of liability fixation and constitutive requirements of ground,the body of the damage compensation liability and relief,were analyzed,and points out that the zoo animals cause person damage compensation liability system in China,the disadvantages of and the improvement of the constructive Suggestions are put forward.This article is divided into five parts,in view of the zoo animals cause person damage after to delve into the liability to pay compensation issues.The first part,for the zoo animals cause person damage compensation liability issues as the definition of "zoo animals,from two aspects of legal definition and concrete determination for dual analysis,both from the definition of the concept of larger overall understanding the scope of" zoo animals ",and in accordance with the special case analysis of the animal out of and into,plus for the zoo animals cause person damage is introduced,the characteristics of a comprehensive considering all the possibilities that may occur.The second part,by introducing the continental law system countries,Japan,France,Germany and Anglo-American law system countries Britain,the United States of the zoo animals cause person damage shall bear the liability for compensation of the relevant law,comparative analysis different opinions about this problem in national legislation and the practice application,provide the basis for later writing.The third and fourth part,from the zoo animals cause person damage imputation principle,constitutive requirements,the compensation liability subject and exemption four aspects elaborated the connotation of the liability for damages.The fifth part,through the above basic theory for the zoo animals cause person damage compensation liability and composition in studying,combined with foreign related legal rules,in this part of China’s current zoo animals cause person damage compensation liability system to carry on the evaluation and reflection,to recognize the deficiencies and defects,such as the category of animals in the zoo not completely defined,it is not necessary to distinguish the zoo animals and ordinary breeding animals cause person damage compensation liability,the zoo’s management and responsibility system is not perfect and no standard regulations are not clear,the zoo animals cause person damage way,thus to solve these problems,puts forward the corresponding perfecting suggestion.The author thinks that era in the development,social progress,daily entertainment activities is more and more rich and perfect relevant laws and regulations,is imminent,clear the parties shall bear the liability to pay compensation,to make the tort liability law for the protection of the victim is more scientific and strong.