Research On Tort Liability Of Domestic Animals Damage To Human Beings

Since ancient times,humans have the habit of raising animals in the family to meet the needs of production,life or emotions.With the continuous improvement of people’s material living standards,the demand for spiritual culture is also showing a diversified trend,the number of animals raised at home has increased geometrically,the time of human contact with animals has also increased,even to the point of getting along day and night,and the consequent animal infringement cases are also rising.The Tort Liability Law,which came into effect on July 1,2010,has made many breakthroughs in stipulating the principles and responsibilities of imputation of civil tort liability in China.Among them,the most controversial one is the tort liability provisions concerning damage caused by animals.The tort liability of animals causing damage to human beings is stipulated by various considerations.This paper focuses on the division of tort liability of these three types of animals,from general provisions to special reasons for defense of tort,and summarizes the existing viewpoints on tort liability of animals causing harm.Conclude and elaborate your own thinking.This paper focuses on the comparative and classified research,starting with the general provisions of animal-induced damage,expounds and combs the principles of imputation and the ways of responsibility-bearing stipulated in the current Tort Liability Law,focuses on the reasons for exemption,and sums up the provisions of tort liability of animal-induced damage in China’s law.The highlight of this study is to creatively distinguish the tort liability of domestic animals,zoo animals and stray animals,to clarify the shortcomings and limitations of our laws and current provisions under different animal-induced damage,and to improve the tort liability of animal-induced damage in our judicial practice by combining the determination of the tort liability of animal-induced damage in Anglo-American law system.The provisions and implementation of rights and responsibilities are mainly interpreted from the constituent elements,defenses and responsibilities.It can be said that no matter what the nature of society is,no matter what stage of social development we are in,animals are always closely related to us and inseparable.The problem of damage caused by animals has existed now and will extend to the far future.However,with the continuous improvement of the law,the damage caused by animals has evolved into a legal event.With the increasing number of families raising animals,this kind of damage has become a legal event.Animal infringement has attracted more and more attention.How to balance the relationship between all parties has become the focus of legal workers.Therefore,the study on the determination of the tort liability of domestic animals causing damage to human beings is of realistic necessity and theoretical necessity.I hope that it can improve our country’s liability for animal causing damage to human beings and protect the legitimacy of victims.Rights and interests,building a harmonious society.