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The Analysis of the Civil Liability for Animals’ Damage

Author: LiYi
Tutor: CaoXingQuan
School: Southwest University of Political Science
Course: Legal
Keywords: Animals’injuring Special infringement Civil Liability
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 262
Quote: 1
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Abstract


Responsibility for animal virulence is an ancient system of civil liability, has a long history, but little research of our scholars. In recent years, keep pets increase in damage caused by animals, the emergence of civil disputes arising from violations of this particular concern. General Principles of Civil Law in China and Tort liability law that takes effect On July 1,2010 has provided about this, But whether in theory or in the judicial sector practice, the requirement for the application of considerable controversy. Through the analysis of two typical cases, the author of this article elaborates on the animal caused damage and compensation for infringement liability, With a view to be able to trigger in-depth study. In this paper, in addition to acknowledgement and conclusion, it is divided into seven parts:PartⅠ:Introduction. In this section, the author describes the merits of the two typical cases about the animal caused the damage and compensation for infringement liability. in accordance with of the merits of the two cases the first part summarized, the author extracts and describes the legal issues involved in the case,expresses the writing purpose.PartⅡ: The connotation of animal virulence liability. In this section, the author explains the conception and features of animal virulence.PartⅢ: The constitutions of animal virulence liability. It include general behavior, damage and Cause-and-effect relationship. Part IV: Attribution of the main responsibility. Through the civil law and common law principles of animal virulence liability comparative study, in light of China’s animal virulence liability principles, the author believe that belong to no-fault liability.Part V: The mainstay responsibility. The author analysis farmer, administrator and the third man for the animal damage legal issues of the mainstay responsibility.PartⅥ: The burden of proof. The author believe that the defendant must bear the burden of providing proof for animal damage.PartⅦ: The analysis of cited case. In this section, based on the analysis of the basic theories and controversial questions involved in the earlier cited cases, the author analyzes the cited cases in detail.

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