Immediately comment ︱ The old man tripped on a dog rope and died. The "accident" does not affect the responsibility
On August 17, an elderly man in Xingtan Town, Shunde District, Foshan, Guangdong, was tripped to the ground by a dog’s leash and died after being sent to a doctor. This incident caused heated discussions after exposure. On the evening of August 18, the government of Xingtan Town, Shunde District, Foshan City, Guangdong Province made a report and initially judged that the incident was an accident.
This judgment may surprise many people. Judging from the report, the death of the old man was not unrelated to the dog owner and the 12-year-old Luo. If it was not for the dog owner who tied the dog at the door and neglected management, if it was not for Luo to lead the dog out to play without authorization, there would be no subsequent accidents-the dog broke away from the restraint rope, and the dog accidentally tripped the old man during the run Fell, resulting in his injury and death. People worry that after this incident is judged to be an accident, the legal liability of the dog owner, Luo and others will be ruled out, and the death of the old man will not be followed.
In fact, this kind of worry is unnecessary. In terms of common sense, the preliminary judgment of the town government is only a pre-judgment in terms of criminal responsibility, mainly to exclude the possibility of crime. Accidents in the criminal law, although the behavior has caused damage objectively, it is not caused by the perpetrator's intention or negligence, but caused by unforeseen reasons, and is not considered a crime. As far as this incident is concerned, neither the dog owner nor Luo, subjectively there is intention, nor is there any negligence of "negligence without foreseeing" or "foreseeing but credulously avoiding".
Since there is no subjective basis to constitute a crime and to bear criminal responsibility, according to the principle of unity of subjective and objective conviction, neither the dog owner nor Luo can be identified as a crime and be investigated for corresponding criminal responsibility. In fact, because Luo was under 14 years of age, according to the criminal law, he was incapable of criminal responsibility. Even if serious consequences that should be convicted were caused, he did not have to bear criminal responsibility.
In civil law, accidents also bring exemption of liability, but the judgment of accidents can usually only be determined by the court in civil litigation, which is not within the jurisdiction of the town government or other departments. Of course, in accidents in civil law, the standard for determining "fault" is relatively weaker than accidents in criminal law. Objectively speaking, for the accidental death of this eighty-year-old man, both the dog owner and Luo were at fault. Although not "intentional", they had "general negligence" or "significant negligence."
According to the Tort Liability Law, “the perpetrator shall bear tort liability for infringement of the civil rights and interests of others due to his fault”, “if the animal keeper or manager shall bear the tort liability if he violates the management regulations and fails to take safety measures against the animals and causes damages to others” . As far as this incident is concerned, the owner of the dog, due to the fault of managing the animal, and Luo due to the fault of holding the dog without authorization, taking insufficient safety measures, etc., shall bear the tort liability for compensation in accordance with the law, including medical expenses, nursing expenses, funeral expenses and death compensation. Jin et al.
Considering that Luo is still a minor, the financial compensation responsibility should be borne by his guardian. Taking legal responsibility and paying a certain price of infringement is also a warning and education for them, which helps prevent similar incidents from happening.
Looking at the previous reports, in recent years, incidents of hurting people due to insufficient control of dogs and pets have occurred everywhere. Before, there was a 21-year-old college student who was bitten by an unleashed puppy and died of rabies. These "unexpected pains" made people worry. After the death of an elderly man who tripped on a dog rope, the local government stated that relevant departments and villages (residents) will further strengthen dog management and strengthen publicity and education. Not only that, but the discipline of minors cannot be missed. According to the "Public Security Administration Punishment Law" and other provisions, although minors who make mistakes are not punished, "the guardians should be ordered to strictly discipline them."
Only when punishments are clearly stated in accordance with the law, and education and management measures are truly in place, can the "invisible rope" that restrain pets be tightened and avoid similar tragedies that sting people's eyes.
Special Commentator Liu Yuting