In recent years, dog injury incidents and dog management have attracted much attention.
Tuo Qingming, a deputy to the National People's Congress and principal of the No. 2 Middle School of Yucheng District, Ya'an City, found that in recent years, the number of cases of dog injuries in China has only increased, which has a great negative impact on the victims and seriously infringes on the victims' right to life and health. He said that in practice, the vast majority of cases are resolved with the dog breeder or manager bearing civil liability, and it is rare to see the judgment result of pursuing their criminal responsibility, for the dog breeder or manager, such a judgment result is inevitably too costly, and the punishment effect is often unsatisfactory, resulting in the number of dog injury cases has not decreased. Tuo Qingming said that although it is not necessary to bear the corresponding criminal responsibility for the incident of a dog injuring a person, the criminal responsibility of the dog breeder or manager should not be completely ruled out according to the practical situation. At present, there is no clear provision on the criminal liability of such cases in China, which will bring trouble to the judicial authorities in investigating the criminal liability of the dog breeder or manager in the case of dog injury. In this regard,Tuo Qingming suggested that the criminal liability of dogs injuring people should be included in the amendment to the Criminal Law. It is difficult to attribute the criminal responsibility of those responsibleTuo Qingming said that at present, at the legal level, if the dog breeder or manager in the case of dog injury is to be held responsible, only Article 1246 of the Civil Code of the People's Republic of China is clearly defined in tort liability, and there is no clear basis for specific cases such as dog injury in other laws. He also said that in recent years, although various provinces and cities have promulgated the "Regulations on the Management of Dog Breeding", they only stipulate the registration of dogs, the code of conduct for dog breeding, the shelter, identification and adoption of dogs, and the operation of dogsIn terms of legal liability provisions, almost all of them are pursued in the form of fines, and the provisions on criminal liability are quite vague, and most of them are catch-all clauses. In addition, the "Regulations on the Administration of Dog Breeding" issued by various provinces and cities are local regulations or local normative documents, and the legal level is low and the authority is not strong, which is not enough to have a deterrent effect on the breeders or managers of dogs in cases of dog injuries. Tuo Qingming said,Dogs bite or even kill others, seriously infringing on the victim's right to life and health, and producing harmful results. Since there is no clear and specific criminal liability clause to provide for criminal liability in such cases, the judicial organs can only judge whether the dog breeder or manager committed a crime of intention, negligence and omission based on the performance of the perpetrator in the case, and then determine whether it meets the constitutive elements of crimes such as "negligence causing serious injury", "negligence causing death" and "endangering public safety by dangerous means". He said that in practice, it is quite difficult for dog breeders or managers to collect evidence on whether there is intention, negligence or omission in the management of dogs, which leads to extremely blurred boundaries of responsibility, unclear judicial standards, and no clear provisions on criminal liability, making it difficult for judges to pursue the criminal liability of dog breeders or managers, resulting in the vast majority of dog injury cases can only end with the civil liability of dog breeders or managers. The cost of violating the law in such a judgment is too low, which will not bring sufficient disciplinary effect to the dog breeder or manager in the case, and it is difficult to deter and warn other dog breeders or managers, which is an important reason why the number of dog injury cases has only increased in recent years. It is recommended that the breeder of the dog that injures people be held criminally responsibleIn Tuo Qingming's view, in order to clarify the boundaries of judicial responsibility, so that judicial personnel have a clear legal basis for investigating the criminal liability of dog breeders or managers in cases of dog injury, and reduce the difficulty of attributing criminal liability, the criminal liability of dogs injuring people should be written into the amendment to the Criminal Law with specific legal provisions. Tuo Qingming said that in terms of specific provisions, such as stipulating: "In a public place, if the breeder or manager of the dog allows the dog to lose control and cause danger, it is a crime, and the penalty is up to three months of detention and a fine; where minor injuries are caused to others, a sentence of up to six months of short-term detention and a fine is to be given; If serious injury is caused to another person, he shall be sentenced to fixed-term imprisonment of not more than three years and a fine; In case of death, the penalty shall be imprisonment for a term of not less than three years and not more than ten years and a fine. Tuo Qingming believes that in order to better apply the law, relevant judicial interpretations can be issued in conjunction with specific trial cases in response to the provisions proposed to be included in the amendment to the Criminal Law in the previous article, such asDogs are classified according to their height, weight, ferocity, etc., and the owner or breeder of the dog has limited reasons for exemption or circumstances for reducing punishment. In addition, a sound dog registration, breeding, epidemic prevention, and management system should be established to achieve systematic, regular, and full-chain management of dogs. CNRThe copyright belongs to the original authorEditor in charge: Zhai XiaochenReview: Zhang Lei
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