In Chengdu, Sichuan, a couple walked their dogs, and a passing woman said, "This dog is so big!" "As a result, I was beaten by a coupleHostess: Lao Tzu's dog has more than 1,000 heads, which is more expensive than your whole body.
In Chengdu, Sichuan, a couple walks their pet dog when they pass by a passing woman. The woman inadvertently said, "This dog is so big!" ”
Then the couple reacted violently, and they retorted aggressively: "My dog's clothes are 1,000 yuan, which is more expensive than your whole body, what qualifications do you have to say it?" "Then it developed into a physical altercation. (*Xiaoxiang Morning News).
Case review: In Chengdu, Sichuan, a passing woman expressed surprise at the size of the Doberman, and she casually said: "This dog is so big!" This sentence immediately provoked the displeasure of the dog owner. Although the passerby's comments were not malicious, the couple reacted strongly to the passerby's comments.
The dog's hostess was particularly angry, claiming that her dog was very expensive, and her words showed contempt for the women passing by. She even emphasized that her dog is very expensive: "Lao Tzu's dog has more than 1,000 heads, which is more expensive than what you wear." What qualifications do you have to say it? ”
The woman passing by, unwilling to accept this sudden accusation and insult, theorized, and as the quarrel escalated, the words on both sides became more and more sharp, and the scene gradually got out of control.
At this time, the Doberman Pinscher seemed to sense the owner's emotions and began to bark wildly at the passing woman. This caused panic among the women passing by.
She tried to back away.
When the man saw the woman passing by pick up the stick, he immediately shouted forward: "It was you who made the first move, what are you doing with the stick?" I want to hit someone. Alarm! ”
The development of the incident quickly attracted the attention of the surrounding area, and some people tried to come forward to persuade them, but the emotional dog owner was unwilling to stop.
Witnesses said the atmosphere became more tense as the altercation intensified.
I don't know who made the first move, but I started to verbally attack violently, and then there was a physical altercation later.
So how do you look at this matter from a legal point of view?
According to the "Chengdu Dog Management Regulations" implemented in July 2010: according to the regulations, the breeding of 35 dog breeds, including Dobermans, is prohibited in the restricted area of Chengdu. This is because large dog breeds such as Dobermans have a strong aggressive and ferocious personality and can pose a threat to public safety.
In this case, the Doberman Pinscher raised by the couple clearly violated the provisions of the Chengdu Dog Management Regulations. Even if a Doberman Pinscher does not directly attack others, failure to take appropriate safety measures in public areas (such as not wearing a muzzle) already poses a potential threat to public safety.
Civil Code on liability for damage caused by animals: Article 1245 of the Civil Code stipulates that when an animal causes damage to others, the animal keeper or manager shall bear tort liability. However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may not be borne or mitigated.
In this case, although the Doberman Pinscher did not really hurt the passing woman, its barking and agitated state had caused psychological stress and panic to the passing woman, which can be seen as a damage to a certain extent. If the couple cannot prove that the woman's actions constituted intent or gross negligence, they may be liable for some tort.
Provisions of the Public Security Administration Punishment Law on interfering with normal life:
According to Article 75 of the Public Security Administration Punishment Law, anyone who keeps animals and interferes with the normal life of others may be given a warning or a fine of not less than 200 yuan but not more than 500 yuan. Where animals are allowed to intimidate others, and the circumstances are serious, the punishment may be increased in accordance with law.
In this case, the couple's failure to properly control the Doberman Pinscher led to intimidating the passing woman in public, which interfered with the normal life of the other person.
According to the Public Security Administration Punishment Law, couples may face penalties in the form of warnings or fines.
Since 2021, the new "Animal Epidemic Prevention Law" stipulates that units and individuals raise dogs, regularly vaccinate against rabies, and take measures such as tethering dogs when they go out of the house. Be a civilized dog breeder.
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