Chao News client commentator Lu Haitao.
Source: Visual China.
The topic of civilized dog breeding continues to attract attention. On the 5th, the Supreme People's Court held a press conference on typical cases of liability for damage caused by raising animals, and released 6 typical cases of liability for damage caused by raising animals. The judgment in one of the cases made it clear that even if the victim is at fault, the owner still bears full responsibility for the injury caused by the prohibition of a fierce dog.
Getting a dog is not a casual trifle. China's pet industry*** shows that in 2022, there will be 51.19 million urban dogs alone. Owning a dog not only means the emotional interaction between the owner and the pet, but also comes with a lot of social responsibility and legal responsibility.
In recent years, pet dogs have injured people from time to time, and some have even caused serious consequences. ** level, it also once caused a "war of words" between many dog lovers and ordinary citizens. Article 1247 of the Civil Code clearly stipulates that if a dangerous animal such as a fierce dog that is prohibited from raising causes damage to others, the animal keeper or manager shall bear tort liability. However, in actual life, many breeders have the luck psychology of "believing that their dogs will not hurt people", and do not know, do not understand, and are not familiar with the laws and regulations related to dog breeding, resulting in frequent chaos in dog breeding.
In addition, some specific issues also urgently need authoritative explanations at the legal level to clear up the public's vague understanding. For example, "should I be compensated for the bite of my dog by others", "if a pregnant woman terminates her pregnancy after being bitten by a dog, in addition to her own injuries, should she be compensated for the medical expenses, lost work expenses, and mental damage solatium for termination of pregnancy", "should I be held responsible for non-contact injuries caused by dogs chasing passers-by and causing them to fright and fall", and so on.
It is more convincing to explain the case and better enable the public to understand the legal rationale behind it.
The six typical cases released this time are combined with the relevant legal provisions of our country to explain the law with cases, which is a vivid lesson for dog breeders and the general public. For example, in the case cited this time, the judicial judgment clearly prohibits raising large dogs from injuring people, and the owner should bear full responsibility regardless of whether the victim is at fault or not, once again emphasizing the legal responsibility of the keeper of dangerous animals. It can be seen that the damage caused by fierce dogs and large dogs that are prohibited from breeding is different from that caused by ordinary dogs in terms of the applicable law and the allocation of the burden of proof. In addition, these cases have also unified the adjudication standards, and in the future, judicial organs in various localities will have a unified yardstick when they encounter similar cases.
Hold the civilized rope, so that the dog will not "fall off the chain". After all, the judicial channel is the last remedy, as a dog breeder, it is more important to raise dogs in Chinese in daily life, raise dogs in accordance with regulations, and strive to be a civilized dog breeder. If the legal red line is touched because you do not understand the law, the loss will be irreparable. As some netizens said, I hope that civilized pet raising can be as deeply rooted in the hearts of the people as "drinking and not driving", and becoming a plus point for the image of urban civilization like "courtesy zebra crossing".
In accordance with laws and regulations, "pampering" is in a good way. Animal keepers or managers should abide by laws and regulations, establish a strong sense that "pet owners are the first responsible persons for raising pets", and be responsible for dogs and others.
*Please indicate the source".