Recently, in a community in Langfang, Hebei, a puppy scared a child over 1 year old, and the child's father threw the dog to death.
What are the responsibilities of the dog owner?
- by huanggs
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Recently, in a community in Langfang, Hebei, a puppy scared a child over 1 year old, and the child's father threw the dog to death.
Under normal circumstances, the breeding pet dog bites others, and the pet breeder or manager of the pet is responsible, but there is evidence that the person who is bitten is made or intentionally caused by the situation, such as a teasing dog or management, or management People can reduce or do not bear responsibility.
Ifly if the breeding dogs are prohibited, the breeder or manager shall bear the responsibility.
The abandoned or escaping dog bite others, and the breeder or manager shall bear the responsibility.
[How to compensate? ]
If the breeder or the manager is responsible, the main compensation items include medical expenses, misunderstandings, nursing fees, etc. according to the victim's injury and the main compensation items.
"Civil Code" Article 1,245 Animals raised by animals cause damage to others, and animal breeders or managers shall bear the infringement liability; As a result, it may not bear or reduce responsibility.
1165 of the "Civil Code" Article 1,160 that an actor shall be damaged by fault violations of the civil rights and interests of others, and shall bear the liability for infringement.
The prefixes in accordance with the law that the perpetrator has fault. If he cannot prove that he has no fault, he shall bear the infringement liability.
when did the Chinese start raising dogs?
The mainstream there are two sayings:
1. From the genetic perspective, the domestication of dogs originated from the south of the Yangtze River, about 15,000 years.
2, from the perspective of fossils, the history of Chinese people raising dogs is a little later than 11,000 years in the Middle East, and the 10,000 -year history of the American continent.
The direct evidence is the fossils of dogs excavated at the Hemudu site in Zhejiang. About 8,000 years ago, it is the earliest evidence of domestication dogs found in my country. In addition, in the ancient tomb area of ββthe Flower Hall of Jiangsu, a dog -based stone that was about 5,000 years ago was unearthed. In the ancient cultural sites such as Banpo Culture, Yangshao Culture, and Longshan Culture in my country, dogs have also been unearthed from fossils of dogs.
In addition, archeologists find more crafts related to dogs during the archeological process: such as in Yinxu tomb unearthed in Anyang, Henan, there is a white jade texture puppy; Dogs with different shapes and wooden forms. The Oracle Bone of the Shang Dynasty is also related to the dog's pictographs. From these earliest Chinese text, it can be seen that the ancients domesticated and raised dogs.
In the Zhou Dynasty, people began to divide the dogs into three categories according to their uses: one is a field dog, that is, hunting dogs specifically used to hunt; the other is a barking dog, a dog used to look at the home nursing home and serving as a warning task. The third is dog eating for people to eat. During the Spring and Autumn Period and the Warring States Period, the domestication of dogs had a higher development. The Book of Songs recorded: "Leap the cunning rabbit, meet the dogs", depicting the scene of people hunting rabbits with dogs.
The dog owner needs to be fully responsible. When the dog bites people, the breeder or manager assumes corresponding infringement responsibilities in accordance with the law, but there is evidence that the damage is caused by the infringer that the infringer himself or major misunderstanding is caused. Essence Article 1,165 of the Civil Code of the Civil Code shall be damaged by violating the civil rights and interests of others due to faults, and shall bear the liability of infringement. It should be preserved in accordance with the law that the perpetrator is faulty, and if he cannot prove that he has no fault, he shall bear the liability for infringement. Article 1,245 Animals that have been raised cause damage to others, and animal breeders or managers shall bear the infringement liability; however, it can prove that the damage is caused by the intention of the infringer responsibility.
The responsibility of pet dog bite people:
1. Under normal circumstances, the pet dog raised by the pet is responsible for the pet breeder or manager of the pet People are caused by faults or intentional, such as teasing dogs, and the breeder or manager can reduce or bear responsibility.
2. If the fierce dogs that are prohibited to bite others, the breeder or manager shall bear the responsibility.
3, if the dogs who abandon or escape bite others shall be responsible for the breeder or manager.
How to make compensation:
If the breeder or the manager is responsible, the main compensation items include medical expenses according to the injury of the victim, and the main compensation items include medical expenses , Mistake work, nursing fees, etc.