The Research On The Legal Remedy For Human Damage Caused By Stray Animals

In recent years,with the change of the national concept and the improvement of the national quality,people think that animals aren't tools but the "family members" who can place their emotions and accompany people.Thus,adopting animals become popular,and more families are taking part in.Some people are based on love of animals;some people follow the trend blindly,and most people abandon their pets after the novelty wears off,which leads to a surge in the number of stray animals and a frequent occurrence of stray animal injure people.Although "tort liability law" article 82 of China stipulates clearly the subject of liability that stray animals cause person damage was the keeper or manager,in practical cases the original keeper or manager are often unable to be found and make the victim can not get effective relief,so this provision is more of a warning and guiding role,not operable.Therefore,it becomes a urgent matter how the victim can get relief when the original keeper or manager is not available.This paper will elaborate from the following four parts: the first part is an overview of the legal relief for human damage caused by stray animals.This paper firstly analyzes the legal definition of stray animals based on article 82 of the tort liability law,and on this basis discusses the legal status of stray animals,the connotation of the harm caused by stray animals to people,and the connotation of the legal relief for the harm caused by stray animals.The second part mainly expounds the determination of tort liability of stray animals causing human damage.Legal relief is closely related to legal liability.The premise of legal relief is based on the existence of legal liability.Therefore,this part of the paper elaborates on the imputation principle,constitutive elements,exemption reasons and other contents of the tort liability caused by stray animals in order to offer premise of relief.The third part mainly analyzes the plight of the legal relief of human injury caused by stray animals in legislation,judicature and administration.The fourth part,from the legislative,judicial and administrative perspectives,put forward specific suggestions on problems in legal relief of human damage caused by stray animals.Specifically speaking,consummate the rule of recognizing the liability subject from the legislative angle;clear the way of judicial remedy from the angle of judicature;perfect the relief system from administration,which are hoped to provide some help to the relief of victims,and to contribute to the improvement of the relief system of human damage caused by stray animals in China.