On The Identification Of The Responsible Subject Of Stray Animals

Liability for animal damage is an ancient legal system,The earliest regulations in China’s history date back to the Qin Dynasty,In Qin Dynasty’s Qinjian Legal Questions and Answers,there are clear regulations on related issues.With the continuous development of the legal system,the relevant laws that regulate this issue are also constantly being improved.The tort law separately stipulates the liability of stray animals under animal damage.But it is undeniable that in the current social context,the liability of stray animals has become more complicated.From the perspective of relevant provisions of legislation and judicial practice,it is not difficult to find that the legislative provisions are ambiguous for this issue,and there are conflicting judgments on the same issues in judicial practice.For various responsible subjects appearing in judicial practice,there are problems such as the subject’s unclear standards and disputes over the application of the law.Therefore,starting from the highly controversial subject of judicial responsibility,the study of the liability of the subject in the absence of or no direct legal liability subject will be carried out to further resolve the various determinations and application disputes in judicial practice.The article consists of four parts.Firstly,Through the introduction,we will make a holistic understanding of the liability of stray animals,make necessary explanations on the scope of related subject liability and related controversial concepts,and make necessary explanations and explanations on the current disputed relevant opinions in the academic and practical fields.As far as the text is concerned,the first part is the current legislative and judicial status of the main body responsible for stray animals.Firstly,the legislative status and judicial status of the subject responsible for stray animals ’damages are elaborated,and a holistic understanding of the problem is formed,and the basis for the responsibility of related subjects is analyzed.In addition,through the analysis of the legislation and judicial status of the main body responsible for stray animals,it mainly summarizes the shortcomings of the relevant legislative provisions and the types of unstated responsible subjects that appear in the current judicial practice,and summarizes the stray animals damage Relevant issues of responsible subjects in current legislative provisions and judicial determination.The second chapter is the determination of feeding people in good faith.The law does not clearly stipulate that the person who feeds in good faith,but as a subject of responsibility in a large number of judicial practice.This chapter first sorts out the relevant cases involved in judicial practice,summarizes the controversial issues that arise in the process of identifying the subject in judicial practice in China,and puts forward suggestions for the resolution of related issues,that is,the combination of subjective and objective standards and Standards that combine behavior and results to resolve related disputes in practice.The third chapter is the determination of the person responsible for security.Under certain circumstances,it is not unreasonable for the safety guarantee obligor to bear the responsibility for the damage,and its constituent liability body has a legal basis,but there are also certain contradictions in the application of the law and the court’s judgment.By analyzing the contradictions,the reasons for their occurrence are obtained,such as deviations in the understanding of the manager and unclear standards for determining the reasonable limits of the security obligor.For the application of the law,the argument is used to clarify the differences between managers and to limit the scope of security obligations with comprehensive standards to resolve disputes in the application of the law.By analyzing and demonstrating the subject of disputes in judicial practice,the disputes in the application of laws are further reduced,so that they can be better applied in judicial practice.