Research On The Criminal Responsibility In The Case Of Vicious Dog Injury

The case of vicious dog injury refers to the dog’s instinctive harm to human caused by the illegal behaviors of the responsible person related to the dog and the person in charge has cognition towards such nature and harm or is required by relevant laws.In the case of vicious dog injuring people,from the view of the long-run judicial practice,the responsible person is lack of a criminal act or guilt due to the characteristic of "spontaneity",so he is not regarded as a criminal.However,the criminal act of the breeder in the dog case does not lie in his physical behavior when the dog injures people,but in the risk of his illegal behavior before which has lasting impact on legal interest;the judgment of the responsibility is not based on his cognition and willingness when the dog injures people,but on his cognition towards the continuous danger created by the dog,as well as the cognition towards that how the risk influences legal interest.From this point of view,in practice,there is no lack of criminal act or guilt in most of the vicious dog cases and most of them constitute crimes.In terms of the current social background of severe disaster from vicious dogs,it is suspected that the case of the dog with bad influence is not treated as a crime.However,in judicial practice,there are few criminal punishments imposed on the cases of the dog and the sentenced cases of the dog are all criminal negligence,but none of them are responsible for intentional crime.In the cases of the dog,due to the general idea of "caring nothing for it" and the long-term judicial guidance of civil tort,the public’s awareness of strict dog breeding is weak.The public always know that the breeding of dogs without substantial restraint will cause harm to others,so there are always the "dolus eventualis",rather than negligence.The emergence of a timely and appropriate criminal sentence for intentional crime has become more and more necessary for the society.In practice,some dog cases can be dealt with in accordance with "the crime of endangering public security by dangerous means" according to article 114 and article 115 of the criminal law.Article 233,234 or 235 of the criminal law may be applied to those who do not endanger public safety.The criminal law is tolerant.For the legal phenomenon that has just been paid attention to,it is also the expression to legislate prudently.