Identification Of The Subject Of Tort Liability For Stray Animals

The "Civil Code" that came into being with the new era is not only a legal confirmation of the current stage of my country’s development of socialism with characteristics,but also the result of my country’s legal reform and legal modernization.In the new era,the situation of Chinese society is changing with each passing day,and the exchanges between societies are immutable.If there are exchanges,there will be frictions,and then there will be infringements.Now that the living standards of citizens have improved,they used to think about how to solve the problem of survival,but now they think more about how to improve their lives and how to enjoy life.Pets have entered our lives,and in response to the problems that may be caused by this situation,Chapter IX of tort liability in Title VII of the Civil Code has made corresponding legal provisions,and for the first thousand two hundred and forty-nine The article is the legal article on which the various problems caused by the infringement of stray animals that this article intends to analyze and study.This also shows that the legislation has made a positive response to the problems caused by animal breeding,but neither the original Article 82 of the Tort Liability Law nor the current Article 1249 of the Civil Code has been further amended.It is clear that the courts at all levels have a larger adjudication space and greater disputes when adjudicating.Therefore,this paper hopes to interpret and analyze this legal issue through the analysis of cases related to stray animals.The author divides the research and writing of the problem into five chapters:Part one: Introduction.The content mainly includes domestic and foreign animal infringement laws and regulations and their application,as well as the research status in my country.In order to gain experience and inspiration on stray animal infringement.The second part: analysis of the status quo of the identification of the main body of stray animal tort liability.The content mainly includes a summary of cases of stray animals,typical cases of stray animal infringement and cases that the author believes to be controversial,and proposes and expounds the problems existing in stray animals in the referenced cases.The reference scope of the elements of the responsibility of the feeder,what is the guarantee content of the safety guarantee obligor,and what should be followed in the application of the supplementary responsibility of the safety guarantee obligation.The third part: theoretical analysis on the identification of the main body of stray animal tort liability.This chapter analyzes the theoretical basis for stray animal tort subjects to assume responsibility,the concept of stray animals,the concept of feeders,the principle of attribution,the scope of security obligations,and the supplementary responsibilities of security obligations,and analyzes stray animal tort liability from these theoretical perspectives.The choice of subject applies.The fourth part: the research status of the main body of tort liability of stray animals outside the territory.Through the research status of the concept,application,attribution principle,and supplementary responsibility of security obligations for stray animals in extraterritorial areas,the theories,viewpoints and practical experiences that can be used for reference are found.Part Ⅴ: Suggestions are made on the parts that need to be improved in the identification of the subject of stray animal tort liability.In view of the defects and deficiencies in the legal provisions on tort liability of stray animals mentioned in the foregoing content,it is suggested to improve the relevant laws and regulations.Through the research,I hope to provide solutions and help to the related cases and problems of stray animal infringement in the future.