China News Service, February 5 (Xinhua) The Supreme People's Court held a press conference on the 5th and released six typical cases of liability for damage caused by raising animals. Chen Yifang, president of the First Civil Division of the Supreme People's Court, made it clear at the press conference that it is prohibited to breed dangerous dogs and other dangerous animals that cause harm to others. Regardless of whether the victim is at fault, the breeder shall bear full responsibility.
Chen Yifang said that according to statistics, the number of dogs in China's cities and towns in 2022 will be 51.19 million. Because some dog breeders and managers lack the awareness of civilization, safety and responsibility, and neglect the management of their dogs, the dogs affect the lives of others in terms of hygiene, tranquility and safety, which leads to conflicts and disputes. In particular, as the number of dogs continues to increase and the number of dog breeds increases, incidents of dog injuries to people have occurred frequently in recent years. The People's Court attaches great importance to the use of legal thinking and legal methods to resolve conflicts and disputes caused by dog damage. This time, 6 typical cases of liability for animal damage were selected and released to the public. Among these cases, 5 are civil litigation cases and 1 is administrative litigation case. We hope to achieve the following results through these cases:
The first is to ensure that dogs are raised in a civilized manner and in accordance with regulations. The Civil Code, the Public Security Administration Punishment Law of the People's Republic of China, the Animal Epidemic Prevention Law of the People's Republic of China, and relevant local laws and regulations all stipulate the obligations that dog breeders and managers should perform. For example, dogs must be leashed when leaving home, and minors are prohibited from taking dogs out alone. However, in practice, there are many owners who let their dogs "play wildly" without leashes in public areas of the community, or allow minors at home to take their dogs out for a "dog walk."
In Case 2, Si let his 7-year-old child Ou walk the dog alone, causing the child to fail to avoid a baby under 1 year old, causing the baby to be injured by the dog; in Case 3, Zhang B’s large black dog chased Zhang A’s two-wheeled battery car This is the case that caused Zhang A to fall down and get injured due to fright. These cases not only reflect the owners' fluke mentality of "believing that their dogs will not hurt people," but also reflect the reality that they do not know, understand, or are unfamiliar with dog-raising laws and regulations, and lack dog-raising culture.
With the help of these cases, the Supreme People's Court hopes that dog breeders and managers will be sober and fully aware that their "cute and cute" dogs are also potential "mobile sources of danger". They must carefully understand and learn animal breeding laws and regulations, and do so. Raise dogs in a civilized manner and according to the rules, and enjoy the pleasure of getting along with dogs safely and securely.
The second is to strengthen the awareness of responsibility and responsibility in raising dogs. If dogs are not raised or controlled in accordance with regulations, the breeders and managers must bear legal liabilities in accordance with the law, including civil liability in the form of monetary compensation, administrative liability for confiscated dogs, etc. In terms of civil liability, the people's court correctly identified the form of infringement, reasonably defined the type of damage, and appropriately determined liability for compensation based on specific scenarios and specific losses caused by dogs.
In Case 1, Liu Moumou raised large dogs that were prohibited in the local area and caused harm to people. Although the victim Xu Moumou behaved like teasing dogs, the People's Court correctly applied Article 1,247 of the Civil Code, "Ultimately The "strict no-fault liability" rule stipulates that dangerous animals such as violent dogs that are prohibited cause damage to others. Regardless of whether the victim is at fault or not, the owner shall bear full responsibility. This declares the concept that prohibited dog breeds should not be bred. In Case 4, An was bitten by Miao’s dog and was injected with a rabies vaccine. As a result, she terminated her pregnancy accordingly. The People’s Court found that Miao’s dog caused the damage and ordered Miao to compensate and provide the victim with compensation. for more extensive protection. In terms of administrative responsibility, in Case 6, Wang Moumou violated local dog-raising regulations by raising eleven dogs in his pavilion without a license and without a leash. He still did not make corrections after being ordered to do so by the public security agency. The public security organs confiscated the dogs in accordance with the law and handed them over to dog shelter centers for breeding. The People's Court rejected Wang's claim in the administrative lawsuit for revoking the administrative action of the public security organ, which strongly supported the public security organ's legitimate dog management behavior and declared that raising dogs is not a "casual trivial matter." Avoid incidents of dog damage.
The third is to form a dog-raising atmosphere and environment where law enforcement is strictly enforced and all people abide by the law. After a dog-injury incident occurs, although the people's court can order the breeder or manager to bear responsibility, after all, the damage has already been caused and the rights and interests of the infringed person have been infringed. Simply dividing responsibilities through judicial adjudication does not mean that "the doctor will not cure the disease." To prevent and eliminate incidents of dog damage, we should focus on the front end, strengthen management, form a joint force, and effectively achieve "handle one case and manage one case".
In Case 6, the public security organs promptly took punitive measures against Wang Moumou for illegally raising dogs in accordance with the law. The People's Court firmly supported the public security organs in law enforcement and prevented the actual occurrence of damaging incidents. This fully reflects the importance of targeting the root causes of problems with precise policies and source governance. In Case 5, the People's Court invited deputies to the National People's Congress and relevant units to observe the court hearing in the dispute between Bao and Zhang, and strengthened mediation on the basis of distinguishing right from wrong and responsibilities. Deputies to the National People's Congress and relevant units assisted in the mediation, and ultimately promoted mutual understanding and compromise between the two parties to reach mediation. The parties shall immediately perform the agreement.