If you raise pets like this, you have to bear these legal responsibilities

　　□ Our reporter Huang Hui

　　□ Our correspondent Tao Ran

　　In recent years, with the increasing number of people who keep pets, pets, especially dogs, cause damage, noise disturbance, and environmental pollution.

Civilized pet raising is closely related to daily life. It not only reflects the civilized quality of citizens and the degree of civilization of the city, but also relates to the personal and property safety of the people, to a beautiful and harmonious living environment, and to deeper public morals and society. Therefore, management issues have always become the hot spot and focus of the general attention of the society.

　　Vicious dog bites owner to take full responsibility

　　Recently, the People's Court of Xihu District, Nanchang City, Jiangxi Province successfully mediated a case of physical rights disputes caused by pet bites. According to the principle of no fault, the owner of the vicious dog, Wang Mou, agreed to fully compensate the injured Qu Mou for various losses of 6,000 yuan.

　　Wang loves pets.

On June 7, 2021, when Wang was about to take the pet bull terrier back from the pet hospital, because the leash was not fastened, the bull terrier suddenly became mad, biting Qu, a staff member of the pet hospital, causing him Bleeding ceaselessly.

After the incident, Wang sent Qu to the hospital for emergency treatment. The injury was diagnosed as: "bitten or scratched by a dog; left forearm flexor tendon injury; left forearm extensor tendon injury; post-traumatic infection." Due to compensation The matter did not reach an agreement, and both parties involved in litigation.

　　The investigation found that the pet bull terriers kept by Wang belonged to the fierce dogs in the forbidden list, and their origin was in the United Kingdom. Most of them were previously bred to participate in competitions or to protect their owners.

The main reason for the accident was that Wang Mou kept the violent dogs in the list of prohibited animals, and he did not fasten the leash properly and did not fulfill his duty of care, which was the main reason for the accident.

During the mediation, the judge explained that according to the law, if the animals raised cause damage to others, the animal breeder or manager shall bear the tort liability.

At the same time, if a dangerous animal such as a prohibited wild dog causes damage to others, the breeder or manager of the animal shall bear no-fault liability to the victim, that is, if the breeder raises a wild animal that is prohibited by the state, no matter what the cause is The owner of the animal shall be held liable for any damage.

　　After the judge's interpretation, Wang realized his fault and agreed in court to compensate Qu for 6,000 yuan for various losses. Qu withdrew the lawsuit in court, and the two plans were concluded.

　　Frequent pet disputes

　　"There are various types of cases arising from illegal and uncivilized pet-raising behaviors. In addition to the common infringement disputes caused by dog ​​walking without a leash, vicious dogs biting people, etc., there are also related cases arising from pet-raising. Neighbor relationship disputes, property disputes, traffic accident disputes, etc." The judge told the "Rules of Law Daily" reporter that such disputes over illegal pet raising frequently occurred, resulting in the continuous influx of disputes into the courts, which is not conducive to urban governance and social stability. "Dog Suffering" is urgent.

　　After investigation, the reporter found that the disputes caused by illegal pet raising have the following characteristics:

　　- Most occur in public areas.

It is common for breeders or managers to fail to perform quarantine and pet registration according to regulations, to illegally bring large dogs and fierce dogs out, not to leash, or not to wear muzzles, etc., and most of them occur in communities, streets, roads, shopping malls, etc. Public areas are not only prone to injuries, but also may lead to traffic accidents and other infringement disputes.

　　- Most of the victims are vulnerable groups.

Because the elderly, minors and women are inherently weak in terms of physical strength and reaction ability, and some minors are naughty, curious, teasing pets, or have no sense of proportion between playing with pets, they are relatively vulnerable to pets. The probability of violation is higher, and the physical and mental damage suffered is more serious.

　　——There is a high incidence of stray pets hurting people.

Some pets are abandoned by their owners due to illness or disability, resulting in an increasing number of stray pets.

When stray pets are looking for food, they will gradually restore the wildness of the animals, which increases the danger, increases the probability of hurting people, and does not rule out the hidden dangers of diseases.

Victims are often unable to find a breeder, and often choose not to prosecute, only to admit that they are unlucky.

　　Active as fine management

　　According to the relevant provisions of the Civil Code, pet owners violate the management regulations and fail to take relevant safety measures for their pets (including but not limited to not being vaccinated, walking the dog without a leash, etc.), thereby causing damage to others, or the pets raised by the pet owner are prohibited. The pet owner cannot be reduced or exempted from liability if the feral dogs raised cause damage to others.

　　The judge said that the top priority for rectifying "dog problems" is to further strengthen the propaganda of legal pet raising laws and regulations, improve breeders' legal awareness and civilized pet raising awareness, and let breeders know the legal consequences of uncivilized pet raising, so that Conscientiously fulfill the legal obligations of the breeder, such as compulsory immunization registration, fasten the leash, apply for a pet certificate, and pick up pet feces, and form a consensus on civilized dog raising in the whole society.

The second is to use modern technical means, such as applying for an "ID card" or implanting a chip for pets, entering the pet's type, temperament, date of birth, residence, immunization information, etc., establishing a PET information database, and linking it with the breeder, which can enhance the The owner's sense of responsibility can prevent pets from being abandoned at will, and can also effectively track down the owner of stray pets, and hold the owner accountable for related disputes.

　　In addition, relevant departments should take the initiative to act and strengthen intervention.

On the one hand, legislation should be made to strengthen pet management, clarifying the types, quantities, procedures, epidemic prevention measures, and responsibilities of breeders, etc., to restrict uncivilized breeding behavior.

Where pets infringe upon others, it is necessary to distinguish between different situations, clarify the civil and criminal responsibilities of the pet owners, and compensate them.

On the other hand, clarify and strengthen the supervision responsibilities and supervision strength of public security, urban management, animal husbandry and other functional departments, clarify the powers and responsibilities of the departments, eliminate the phenomenon of mutual shirk and wrangling, and form an effective supervision mechanism for civilized pet raising; normalize joint special rectification actions And institutionalized and refined management, once illegal pet-raising behavior is found, it should be corrected in time and punished according to law.