Beijing, October 10 (Zhongxin Net) -- Recently, a girl was bitten by a dog in a small area of Chongzhou, Chengdu. According to the public security organs, the girl was diagnosed with multiple bites all over her body, a contusion of her right kidney and a fracture of her right rib. After full treatment, wound debridement surgery has been completed, and vital signs are stable. At present, the girl is being treated in the hospital, and the owner of the black Rottilner dog who bit the girl, Tang, has been detained by the Chongzhou police in accordance with the law.

After the incident, many places issued notices to strengthen the management of dog breeding. The lawyer said that if the vicious dog bites people repeatedly, in addition to the dog owner being liable, the vicious dog involved can also be considered for treatment.

Screenshot of the police report

"Walking the dog when you go out and catching it without a leash"

Multiple urgent notices

After the black dog bite incident in Chongzhou, Chengdu, many cities have successively announced that they have strengthened the management regulations for dog breeding. On October 10, according to media reports, the Hefei Urban Management Bureau held a meeting to discuss the "increase in the weight" of the governance action, requiring that all dogs found walking outside the house without a leash be arrested. The governance period is mainly 18:6-00:7, 30:18-00:21, and public places such as residential areas, parks, and schools are included in the key governance areas.

The relevant person in charge of the Hefei Urban Management Bureau said that the patrol team members were equipped with tools such as net copying for sheltering dogs, and found violations of walking dogs without leashes during inspections, and used nets to stop dogs without leashes, stop dogs from running around, and then return the dogs to the owner, forming a deterrent and educating and persuading the dog owners.

According to the "Shanghai Release", on October 10, the Shanghai Property Management Affairs Center issued a "Notice on Property Service Enterprises in Residential Communities Participating in and Cooperate with the Work of Civilized Dog Breeding", issuing work requirements to property service enterprises in residential communities in the city: strengthen patrols in public areas and remind owners to fulfill their pet care obligations; Discourage illegal pet raising, and report to the municipal grid platform as appropriate; Actively participate in community governance and cooperate with the promotion of civilized dog breeding. Conscientiously perform the contract; Do a good job of cleaning services in the common areas of the community.

"As a property manager, when the property company manages the community it serves, it shall maintain the environmental hygiene and basic order in the property management area and do a good job in safety precautions." Meng Bo, a lawyer at Beijing Jingshi Law Firm, introduced to that according to the first paragraph of Article 942 of the Civil Code, the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green, operate and manage the common part of the owner in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owner.

Lan Tianbin, a senior partner at Jiangsu Fade Dongheng Law Firm, mentioned that if there are multiple dog bite incidents in the community, or the property is repeatedly complained about because of dog walking, there are certain omissions in the property, and it may also bear part of the responsibility.

The owner illegally raises a dog and injures someone or is held criminally responsible

Stray dogs can be held accountable to the original breeder or manager

Meng Bo said that from the perspective of criminal liability, in judicial practice, it is not uncommon for breeders to be investigated for criminal responsibility according to law for the crime of endangering public safety by dangerous methods and the crime of causing death by negligence due to the injury and death of a strong dog.

Lan Tianbin said that in the incident of a girl bitten by a dog in Chongzhou, the dog involved was a strong dog, if the dog bite incident occurred many times before the incident, the owner of the dog should foresee that it may cause damage to others, but did not put on a dog chain, did not fulfill the duty of supervision, because of negligence to let it go, or overconfidence that it could be avoided, causing the dog to bite again, then it is suspected of the crime of negligent endangering public safety by dangerous methods or the crime of negligent causing serious injury.

Lan Tianbin introduced that according to the provisions of the Civil Code, if the raised animals cause damage to others, the animal keeper or manager shall bear tort liability. Therefore, after a dog bites, the breeder or manager of the dog shall bear tort liability, and shall compensate reasonable expenses for treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, etc., as well as reduced income due to lost work, as well as emotional damage compensation. Where disability is caused, compensation shall also be made for the cost of living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated.

As for stray dogs, according to the Civil Code, if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original keeper or manager of the animal shall bear tort liability.

Screenshot of the video of a vicious dog biting a girl on the Internet

Disposal of wounding dogs

This situation is exempt from liability

After the vicious dog injury incident, how to deal with the vicious dog involved is also a concern for many netizens.

"When the dog bites a person, in order to save people, injure or even kill the dog, this is emergency avoidance, this is when the person is threatened, the act of harming the interests of the smaller party and safeguarding the legitimate rights and interests of the larger party does not need to be liable." Lan Tianbin introduced that according to the provisions of the Civil Code, if damage is caused by emergency avoidance, the person who caused the danger shall bear civil liability. According to the provisions of the Criminal Law, in order to protect the State, the public interest, the person, property and other rights of the person or others from the ongoing danger, the person who has to take an emergency act of avoidance and causes damage shall not bear criminal responsibility.

Meng Bo introduced that according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China, in order to protect the personal rights, property rights and other legitimate rights and interests of oneself or others from the imminent danger that is occurring, emergency measures taken as a last resort shall be deemed to be an emergency hedging as provided for in Article 182 of the Civil Code.

The people's court shall make a judgment on whether the emergency avoidance measures are improper or exceed the necessary limit, taking into account factors such as the nature and urgency of the danger, the rights and interests protected by the risk avoidance behavior, and the damage consequences caused. After trial, if the emergency hedging measures are not improper and do not exceed the necessary limit, the people's court shall determine that the emergency hedging person is not liable. (End)