| The infringement of stray animals is a kind of animal infringement in China,and also an important content of animal infringement.In recent years,the number of stray animals in China is increasing every year,and the related incidents caused by stray animals are also increasing.However,because the relevant provisions of the Civil Code are not clear,and the scope of application is relatively narrow.In real life,the infringed is often difficult to get compensation.In judicial practice,judges at different levels give different judgments on some of the same cases,which inevitably causes controversy in the society,but also damages the credibility of the judiciary.This paper sorts out the legislative and theoretical status at home and abroad And analyzes the classic cases in China,discusses and studies the tort liability of the damage caused by stray animals,summarizes the existing problems of the infringement of stray animals in China,and puts forward relevant suggestions for improving the problems.This article includes four parts in addition to the introduction and the conclusion.The first part provides an overview of stray animals in China,which includes the definition of stray animals and the social risks of stray animals.The second part is the current situation analysis of the damage liability of stray animals,which mainly includes the analysis of current legislation,academic research status analysis and judicial status analysis.In the analysis of the judicial situation,the author sorts out and summarizes the three domestic classic cases,and then leads to the problems existing in the damage liability of stray animals in China.The third part is to raise the problems existing in the infringement of stray animals in view of the current legal shortcomings of the civil Code and the disputes arising in the judicial practice.The unclear identification standards of liability subjects,the unclear form of responsibility among multiple liability subjects;the difficult application of compensation responsibility for mental damage,and the imperfect supporting control system of stray animals.The fourth part is to put forward specific suggestions for improving the problems existing in the third part.The identification of the original breeder and manager should be clarified,and they should not be considered together;in the form of multiple liability subjects;the degree of "serious consequences" in the compensation for mental damage;when the original breeder or manager cannot be found,the victim should be compensated through the stray animal compulsory liability insurance system or rescue fund.It is hoped that solving the problem from the source will also be helpful to deal with similar problems in judicial practice. |
