The Study On The Subject Of Liability For Human Damage Caused By Stray Animals

At present,with the continuous improvement of the quality of life,animals,as human partners,occupy a large position in the current social life.Due to the continuous increase of "raising animals" in human daily society,the number of stray animals caused by animal separation and abandonment has also increased sharply,resulting in many cases of harm caused by stray animals.The writing of this thesis mainly focuses on the related problems of the responsible subject in the harm caused by stray animals,and is carried out from the following four parts:Part I: Starting from the definition of "stray animals",in order to solve the subject problem of stray animals,we must first distinguish stray animals from general raised animals.At the same time,the cases caused by different types of stray animals are classified and summarized.Part Ⅱ: Through the differences of judicial precedents in China’s current cases caused by stray animals.This thesis analyzes and summarizes whether bona fide feeders,public place managers and government departments can be the subject of responsibility and how to bear responsibility in the current judgment.Part Ⅲ: Classify the existing subjects of human damage cases caused by stray animals,and summarize their identification standards.Generally,it can be divided into animal breeders or managers,public place managers and administrative organs.Among them,there are five commonly used standards to distinguish animal breeders or managers.Part Ⅳ: According to what kind of imputation principle should be applied between different subjects to establish their respective responsibilities,and give their own suggestions on what circumstances should be considered for the size of responsibility.We hope to solve the problem that it is difficult to determine the subject responsibility in the problem of human damage caused by stray animals.