A Case Study Of Zoo Animals' Compensation For The Injury Caused By The Tiger Attack At The Ningbo Zoo And The Beijing Zoo

Article 127 of the general principles of the civil law,promulgated in 1986,stipulates the responsibility for the damage of animal husbandry,raising animals causes damage to others,by animals or manager to assume corresponding civil liabilities.The tort liability act,which began in 2010,lists a chapter on the liability for animal damage.Among them,the zoo animals as breeding animals,liability for damage caused by the liability for damage of a particular list,but didn't continue to use previous no-fault liability imputation principle,only suitable for fault-presuming principle.China is the first country to list and apply the principle of fault presumption to zoo animals.Therefore,in theory,there is a lack of systematic comparative analysis,and there is more uncertainty in practice.In view of this,this article want to from the aspects of case analysis,comparison research,responsibility for damage caused by the zoo animals in the zoo,zoo animals definition,responsibility main body,the principle of imputation,justifications of several important problems such as the concept of "management responsibilities" carries on the detailed elaboration and analysis.It is found that the tort liability law of our country has some problems and the corresponding solutions are put forward.This paper is divided into six parts.The first part through to the recent Beijing and Ningbo,the attack of wild zoo contrastive analysis of the facts and law,puts forward the related provisions of liability for damage caused by the zoo animals existing problems.The second part analyzes the general constitutive elements of the responsibility of zoo animals.The zoo and zoo animals are defined.The third part analyzes the special problems of the main body of the zoo animals.To analyze the responsibility of zoo animals in special cases.In the fourth part,the author evaluates the principle of the fault presumption of zoo animals by means of economic analysis,comparative law and other methods.The fifth part is the focus of this article,the defense of the zoo animal's responsibility.That is to say,the responsibility of the zoo animal to harm is determined,including the definition of "management responsibility",the identification standard of management responsibility,and the judgment of the relevance of the accident.The sixth part aims at the problems raised in the previous sections,and evaluates the related problems of the zoo animals and puts forward the perfect solution.In the legislative proposal,the advantages and disadvantages of making laws or revising laws and promulgation of judicial interpretation are considered.