A Study On Bear The Tort Liability Of Domestic Animals

Proverbs goes: "There is right,there is relief." In contemporary society where animal infringement cases are frequent,as a "relief law," the tort law is facing increasingly grim situations.However,there is no doubt that the Tort Liability Act promulgated in 2009 has made tremendous breakthroughs and changes over the "General Principles of Civil Law"(on the responsibility of keeping animal infringement).It is also undeniable that there are unavoidable practical problems in Tort Liability Law.Therefore,on the basis of the existing legal provisions,this article supplemented the existing multiple types and surge cases of animal breeds as empirical data,Using the principle of tort law and the principle of insurance law,to analyze and solve the practical problems of the responsibility of domestic animals torture.Since this article is "Study on Bear the Tort Liability of Domestic Animals",we should closely focus on the theme of "responsibility assumption".This article is divided into four chapters,there is a logical sequence between the four chapters.Here’s a brief introduction:The first chapter is "why should take responsibility",this chapter is the premise of this responsibility.Domestic animal tort liability as a strict liability,regardless of the infringer’s fault elements,only need to meet the remaining three elements.First of all,there is a key element implicated in the components of the tort liability of domestic animals,which is the definition of domestic animals.At the same time,according to the provisions of the Tort Liability Law,the law separately stipulates the liability of domestic animals in several situations,thus,under the premise of meeting the general constitutional requirements,special provisions of the law must also be met.Followed by the analysis of liability exemption.Different from the general situation,this section only analyzes the reasons for exemption,and the analysis of the causes of liability mitigation falls into the responsibility commitment stage.The second chapter is "who should bear",the subject of domestic animal tort liability identified.The chapter first summarizes the subject of responsibility in the comparative law,and then settles down to the real predicament of the responsibility subject in our country.Then,explain the concept of domestic animals and manager by the methods of textual interpretation and system explanation,Specifically,it includes detachment and non-secession based on the meaning of the domestic animals and manager,these two cases are specifically identified according to different situations.The second chapter is followed by the authorized analysis of zoo and the third party as the responsibility subject.The third chapter is "how to take responsibility".The first is the general form of the tort liability of domestic animals,that is to say,the apply of one’s own responsibility and common responsibility.Followed by the reality of the existence of domestic animals and other acts of tort coexistence with the situation,analysis and discussion of these special circumstances under the responsibility of the form and responsibility.Then the way of assuming responsibility,divided into claims for damages and exclusions claims.Finally,the discussion on the issue of responsibility control aims to emphasize the reduction of the scope of the liability for damages.The fourth chapter is "How to decentralize responsibility." The last chapter has led to the responsibility to assume responsibility and scope of control issues,and the specific analysis made a foreshadowing for the discussion of this chapter.The first is an analysis of tort law and liability insurance.Then through the investigation of how foreign liability insurance affects the Tort Law,Analysis of the experience that we can learn.At the end of the fourth chapter,taking the compulsory liability insurance of motor vehicle traffic accident as a reference,this article makes a reasonable conception of the compulsory liability insurance applicable to the liability of domestic animals.