As more and more families keep pets in cities, issues such as pet injuries and pet hygiene have also attracted much attention. On the 23rd, the 12th meeting of the Standing Committee of the 13th National People's Congress reviewed the draft tort liability section of the Civil Code in groups. Chapter 9 of the draft clarified "liability for damage caused by raising animals." At the review site, many participants suggested that the draft be further detailed. change.
Clear the right of legitimate defense in the event of conflict with farmed animals
“It is recommended to further refine and improve the regulations on liability for damage to farmed animals.” Commissioner Liu Xiuwen said that raising animals Pets interfere with other people's lives and cause disputes, which has become a serious social problem. The current draft includes a chapter on "liability for damage caused by raising animals", which is helpful to standardize the behavior of raising animals, especially raising pets, but there is still room for further refinement and improvement. He suggested that Article 1027, “Raising animals shall abide by laws and regulations, respect social ethics, and shall not interfere with the lives of others”, be placed in the first article of this chapter, and add a paragraph that “whoever raises animals that interferes with the lives of others or causes damage to others shall bear tort liability. ". In addition, further provisions should be made on the right of legitimate defense when a person conflicts with an animal he raises, as well as the tort liability for harming an animal raised by others.
Regarding Article 1027, “Animals must be raised in compliance with laws and regulations, respect social ethics, and must not interfere with the lives of others.” Commissioner Lu Wei pointed out that the concept of “obstruction” is too broad and difficult to define. To clarify? For example, if you keep a dog at home and the dog barks at home, it will also affect the lives of your neighbors, or if the dog urinates in a public elevator, it will also affect everyone. In addition, these provisions are difficult to implement in practice.
Can a dog owner not be held responsible for being bitten by a guard dog due to theft?
National People’s Congress representative Chen Rui’ai proposed that some family farms have caregivers , guarding dogs, if someone steals intentionally, it will cause the animal to attack and bite. Malicious behaviors such as theft and theft are inappropriate behaviors. It is recommended that animal owners reduce their responsibilities or not bear responsibility in such cases.
The original owner of stray cats and dogs is responsible for hurting people, but what should I do if the original owner cannot be found?
Animals hurt people, some are owned, and some are ownerless. Stray cats, stray dogs. In response to the second situation, Commissioner Li Rui pointed out that in reality, many of the injuries caused by raising animals cannot be determined by their owners or managers, such as stray dogs and stray cats. In practice, there is no comprehensive and traceable animal breeding registration and management system. Article 1025 of the draft stipulates, “If an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original owner or manager of the animal shall be responsible for the infringement.rights and responsibilities. "However, abandoned or escaped animals have not been registered and managed, and the original breeders cannot be found, or they are abandoned and then adopted, making it difficult to determine who the original breeders and managers are. Therefore, the provisions of this chapter are inconsistent when encountering animals in practice. There is a lack of operability in situations where the breeder or manager is unclear. It is recommended to further study and improve it, or to add a principle provision that when the animal breeder or manager is unclear, the principle of fairness should be used to determine compensation liability.
< br />Li Dongyan, a representative of the National People's Congress, pointed out that when abandoned or escaped animals cause harm, it is difficult to find the original breeders and managers in the actual process, and it is difficult to bear corresponding responsibilities. In reality, parks, communities, and campuses have Many stray dogs and cats are not the actual animal managers on campuses or parks. However, if a dispute arises from an injury incident, they are often held accountable and compensated as managers. It is recommended that the relative Identify the subject campuses, parks, and communities and give them the right to dispose of abandoned or escaped animals. If management responsibilities are not fulfilled and injuries and disputes occur, further disposal can be done.