If a dog bites a person, the dog owner will be held civilly liable, administratively and even criminally liable according to the consequences caused, that is, it is entirely possible to sentence - the person is bitten by the dog, and the prison is the person who sits.
[Brief facts of the case].
There is a "Red Well Garden" in the mountain behind the community
There is a nursery in the park.
Zhang San built a simple kennel in the nursery.
A fence was built outside the yard of the kennel.
Zhang San kept two Dogo dogs in the kennel.
The nursery is unguarded at night.
At 6 o'clock in the morning.
A Dogo dog bites a hole in a wooden door and escapes.
Chen Moumou, who was going up the mountain for morning exercises, was bitten and died after being injured.
Defendant Zhang San's relatives compensated Chen's relatives 820,000 yuan.
Court decision
The court held that Zhang San's mismanagement caused the Dugao dog he raised to bite the victim Chen Moumou and cause his death, and his behavior constituted the crime of negligence causing death, and should be investigated for criminal responsibility in accordance with law. Combined with the facts, circumstances, harmful consequences and other factors of Zhang San's crime, in accordance with the provisions of article 233 of the Criminal Law of the People's Republic of China, it is ruled that the defendant Zhang San committed the crime of negligence causing death and was sentenced to two years imprisonment.
[Lawyer Zhang Xiaobin's comment].
The law stipulates that if the damage caused by raising an animal is caused, the keeper shall be liable. There are three types of liability:
Category 1 Civil liability
According to the provisions of the Civil Code, if the animal is raised and 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 be waived or mitigated. The Civil Code also stipulates that if a person violates the management regulations and fails to take safety measures for the animal and causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.
Category II Administrative responsibility
In order to deal with the problem of dog breeding, many places across the country have promulgated corresponding local regulations or regulations. For those who raise dogs in violation of regulations, they will face administrative penalties such as fines and confiscation of dogs. For example, Article 26 of the "Beijing Municipal Regulations on the Administration of Dog Breeding" stipulates: "In violation of Article 8, Article 10, Paragraph 1 and Article 22 of these Regulations, those who raise dogs in the prohibited area or raise fierce dogs and large dogs in the key management areas, as well as those who fraudulently use, alter and forge dog registration certificates to raise dogs, shall be confiscated by the public security organs and may impose a fine of 10,000 yuan on the unit and 5,000 yuan on the individual." ”
Category III Criminal Liability
If a fierce dog is bred and knows that it is extremely aggressive, but fails to fulfill reasonable management and control obligations, and the fierce dog raised by the dog causes real harm to the lives of an unspecified number of people, the dog owner may constitute the crime of endangering public safety by dangerous means. If the intentional indulgence or negligence causes the person to injure another person, and does not endanger public safety, it may constitute the crime of intentional injury, the crime of negligent causing serious injury or negligence causing death, or even the crime of intentional homicide.
[Legal Provisions].
Civil Code of the People's Republic of China
Article 1179: Where another person infringes upon personal injury, he shall compensate for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal allowances, as well as the loss of income due to lost work. where disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
Article 1245: Where raised animals cause harm 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 be waived or mitigated.
Article 1246: Where management provisions are violated by failing to take safety measures against animals and causing harm to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.
Article 1247:Where a fierce dog or other dangerous animal that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.
Article 1251: Raising animals shall comply with laws and regulations, respect social morality, and must not interfere with the lives of others.
Criminal Law of the People's Republic of China
Article 233:Whoever causes death by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions. Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
Article 235:Whoever negligently injures another person causing serious injury shall be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions.
[Conclusion].
Be a civilized, law-abiding dog breeder, entertain yourself, and don't harm others. It is suggested here:
1. Apply for a dog license for your dog and give it a legal identity.
2. Regularly inject relevant vaccines for your dog and do routine physical examinations.
3. Please bring a dog license and a leash when going out with a dog to prevent lost, fighting, car accidents, etc., and try to avoid scaring others and disturbing people.
4. When there are many people, please put a muzzle on your dog to avoid accidentally injuring others, and it can also prevent the dog from eating indiscriminately.
5. Carry cleaning tools with you, clean up excrement in time, and maintain environmental hygiene.
[Case**].
China Judgment Network, Guizhou Province Zunyi Intermediate People's Court (2014) Zunshi Fa Xing Yi Zhong Zi No. 8X Criminal Ruling.