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Research On The Liability Of Stray Animals To Human Beings

Posted on:2019-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:P LiFull Text:PDF
GTID:2346330542454484Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the coming of China's urbanization process,the development of economy and society and the continuous progress of democratic rule of law,people's way of life is becoming more and more diversified,the freedom of life has been continuously expanded,and personal rights are fully recognized and guaranteed.The breeding of pets in urban and rural areas,especially in cities,has become a common phenomenon.Because of poor supervision,the number of stray animals is increasing,and the phenomenon of damage caused by stray animals is common,and the legal disputes arising from it have increased year by year.Stray animals have become a serious social security hazard.Therefore,it is an important legal issue to identify the liability for the damage caused by the stray animals and to safeguard the legitimate rights and interests of the victims.However,there is still a lack of research on the responsibility system and related issues concerning the damage caused by stray animals in China,which is difficult to adapt to the requirements of social development.Therefore,this paper studies the responsibility of the vagrant animals causing human damage,with a view to the improvement of our country's system.This paper uses the measure of comparative research and theory with practice,through the research status of the damage caused by the stray animal,in contrast with the relevant laws and regulations concerning liability for human damage caused by foreign stray animals,combined with cases in judicial practice,it puts forward some feasible suggestions for the related problems in the liability of human caused by stray animals in China.The first part of the paper introduces the background and significance of this topic,and it introduces the whole framework,the overall train of thought and the method from macroscopic view.The second part is the overview of the responsibility of human caused by stray animals,including the definition of stray animals,the management status and harm of stray animals,the concept and constitutive requirements of human responsibilities caused by stray animals.The third part compares the liability system of foreign animals causing human damage.It analyzes the reference to the improvement of the liability system for the damage caused by homeless animals in China.The fourth part focuses on the problems of responsibility system of humancaused by stray animals in China,and it analyzes the causes,so as to lay the foundation for improving the system in China.The fifth part is on the basis of the first four parts,combining with the national conditions of our country to put forward a series of suggestions to improve the liability system for the homeless animals to cause human damage.
Keywords/Search Tags:stray animals, voluntary feeder, the vagrant adopter, responsibility
PDF Full Text Request
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