Research On The Subject Of Tort Liability In Cases Of Stray Animal Harm

With the improvement of people’s spiritual civilization and material level,there has been a contradiction between the promotion of good citizens and the disposal of stray animals,and hidden potential dangers.When the harm problem occurs,it is difficult to identify the subject of responsibility,and the victims can only be responsible for their losses.Because the identification of the responsibility subject is closely related to the form of the responsibility between multiple liability subjects,the unclear definition of the responsibility subject and the different academic theories have confused the application of law in judicial practice,and the uncertain legal norms are not conducive to the effective relief of rights.Therefore,it is urgent to clarify the relevant legal issues of the subject of responsibility and improve the legal accuracy.Through three typical cases,this paper discusses the subject of responsibility for stray animals,and on the basis of determining the standard of the subject of responsibility,explores the identification of the responsibility subject and the responsibility between the breeder and the manager,and tries to put forward relevant suggestions for the above problems.This article includes the following sections:The introduction part introduces the topic selection background and research significance,research review,definition of relevant concepts,research ideas and research methods,and the innovation and shortcomings.The first part introduces three typical cases and summarizes the controversial points,including the identification criteria of the subject responsible for causing stray animals,the subject of responsibility for the separation between the breeder and the manager,and the form of responsibility between the multi-responsibility subjects.The second part of the first to including but not limited to,the responsibility of the managers standard analysis,and,define the breeder and managers separate what as the main responsibility,finally further analysis how more responsibility,analysis of joint liability,not real joint and several liability and supplementary liability form.The third part mainly from the perspective of enlightenment,in all,possession and real management control theory at the same time,supplemented by other elements define stray animals harm the tort liability main body,on the basis of the specific according to the breeder and managers separation of different situations as the main responsibility,finally put forward the correct applicable fair responsibility and supplementary responsibility,and according to the different behavior apply different legal responsibility form.