Recently, a 9-year-old girl in Quyang County, Baoding City, Hebei Province was bitten and dragged by two vicious dogs on the way to school. After hearing the news, the parents rushed to drive the vicious dog away and immediately sent the girl to the hospital, but the girl died unfortunately due to her serious injury.
9-year-old girl was "throated" by a vicious dog on her way to school
At around 7:40 on November 21, Lingling (pseudonym), a 9-year-old girl living in Cuiguzhuang Village, Quyang County, will always be frozen at that moment, and the location is on the road to school that she has to walk every day during holidays.
"The child is so pitiful, those two big dogs are so hateful." A villager from Cuiguzhuang Village told Yanzhao Metropolis Daily reporters.
Lingling was in the third grade of Cuiguzhuang Village Primary School and is a good student with both good character and academic performance. Lingling is the third child in the family. She usually goes to school with her sister. But on the day of the incident, Lingling's sister had to arrive at school in advance because she had to do duty, so Lingling had to go to school alone.
For the safety of the children, Lingling's mother would send the children a while every day, watching the children reach the school gate before going home. On the day of the incident, Lingling's mother went to see Lingling off as usual. She saw that Lingling was about to arrive at school, so she turned around and went home. However, the tragedy happened after Lingling's mother turned around.
When Lingling was walking alone on the way to school, two evil dogs suddenly jumped out. One of the black evil dogs bit Lingling's neck. Lingling tried to struggle but could not get rid of it, and made a heart-wrenching cry. Seeing this, the students passing by quickly ran to the school for help. When Sister Lingling heard the news, she hurried over and carried a stone to the evil dog to scare away the evil dog, but failed and had to run home to ask for help from her parents.
Lingling's parents rushed to the scene and drove away the evil dog. They immediately sent Lingling to the hospital, but Lingling died of serious injuries.
"Both dogs are large dogs. They should have pounced on them and bit the child's neck. The neck was almost bitten off and the head was injured. It was so miserable." A villager in the village who did not want to be named told reporters.
reporters visited the scene of the incident, and there were still bloodstains
On November 25, a reporter from Yanzhao Metropolis Daily came to the scene of the incident. It is understood that the scene of the incident is located at the northwest corner of Cuiguzhuang Village, which is mostly arable land for local villagers.
According to local villagers, if Lingling's family goes to Cuiguzhuang Village Primary School, if you walk the main road, you need to go around the entire village to reach it, but if you walk the small road, it is only a few hundred meters away. This process requires passing through a cornfield and forest. Now there are no crops on the arable land, only a few rows of trees without leaves and scattered dried corn stalks still stand here. Therefore, the path for children to go to school seems particularly desolate.
Lingling's home and school are located on both sides of the slopes. During the walk, Lingling needs to go downhill and pass through a depression before she can reach the school. The tragedy is happening in a low-lying depression. "In fact, Lingling's mother sent the children every day. She watched the children approach the slope at the school gate before returning home. It was almost the same day and the tragedy happened." A villager told reporters.
A villagers told reporters that after Lingling was bitten by one of the black vicious dogs, she was dragged west by another yellow vicious dog for about 50 meters. The reporter saw residual blood at the scene.
According to insiders, the two evil dogs that injured were two sheepdogs fed by a local villager at home. The villager later said that he did not know that the two evil dogs had run out of the home. At present, the two vicious dogs have been taken away by relevant departments.
reporter learned from relevant channels that the girl’s family and the dog owner are in negotiations.
After this incident, the local villagers caused heated discussions. Many villagers interviewed said that they hope to call on dog owners in society to strictly restrict their dog breeding behavior, especially those who raise large dog breeds should be extra careful and not wait until the tragedy happens before regretting it.
The vicious dog hurts people or even bites them to death. What should the dog owner bear?
November 26, Guangzhou Jinpeng Law Firm lawyer Xie Zhenhua said that dog injuries and deaths are generally caused by improper management measures. Even if the breeder does not know that the dog has been out of management, it actually does not have sufficient management obligations.Therefore, regardless of whether the breeder knows it, he may be suspected of negligently causing death.
Xie Zhenhua said that if dogs raise people, but the dogs escape and injure people due to force majeure, and the keeper fails to discover or immediately prevent subsequent harm from happening within a reasonable period of time, he or she will not be criminally responsible.
He believes that in this incident, the dog involved suddenly appeared in public areas where pedestrians would enter and exit, and the dog breeder obviously did not fulfill his reasonable obligation to take care of the dog. Moreover, the dog bites directly at the pedestrian, which is most likely that the dog has not been equipped with a headband. Therefore, the dog breeder in this incident has been suspected of negligently causing death.
Lawyer Xie said that according to Article 233 of the Criminal Law of the People's Republic of China, if a person negligently causes death, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years. If a dog breeder commits the crime of causing death by negligence, the maximum penalty can reach seven years in prison.
Lawyer Xie mentioned that if a dog breeder takes the fierce dog to a public place without providing sufficient protective measures and causes injury, it may be a crime of endangering public safety by dangerous means.
Lawyer Xie said that while bearing criminal liability, dog breeders should also bear civil liability for the losses suffered by the victim. Article 127 of the General Principles of the Civil Law of the People's Republic of China stipulates that if the animals raised cause damage to others, the animal breeder or manager shall bear civil liability; if the damage is caused by the victim's fault, the animal breeder or manager shall not bear civil liability; if the damage is caused by the fault of a third party, the third party shall bear civil liability.
Xing Xin, partner and lawyer of Hunan Jinzhou Law Firm, said that in terms of civil liability, in general, if the dog causes damage to a person is caused by the victim's intentional or gross negligence (such as the victim teases or irritates the dog when he stimulates the dog), the victim has certain faults, and the liability of the breeder can be reduced accordingly, but the burden of proof shall be borne by the breeder or manager. According to existing reports, the victim did not have intentional or gross negligence in this matter, and the breeder or manager should not reduce his liability. If the breeder raises fierce animals, such as Tibetan mastiffs, which are prohibited by the state, no matter what the reason causes damage to others, the breeder shall bear the liability for compensation.
Xing Xin said that according to the provisions of the Tort Liability Law, if the management regulations are violated and safety measures are not taken to the animals, the animal breeder or manager shall bear tort liability. At the same time, if an abandoned or escaped animal causes damage to others during the abandonment or escape, the original animal breeder or manager shall bear the tort liability.
Dog raising has recruitment in various places
Guangzhou: Register through WeChat can get a "dog ID card"
The " Guangzhou Dog Riding Management Regulations " officially implemented on July 1, 2009 stipulates that when carrying dogs in strict management areas for outdoor activities, the dog should be led with a dog leash, wear dog signs for the dog, stop dog barking and attacking, and instantly clean the dog's feces. In February 2018, Guangzhou Public Security Bureau launched the "dog raising service" on its WeChat public account. The dog owner uploaded the designated information on WeChat according to the steps. After the police approved the relevant information, they paid the fee through WeChat. The next day, the dog raising registration certificate will be delivered to the door by express delivery.
Shenzhen: Public places are divided into restricted areas for dog breeding
On November 30, 2018, the new version of the "Shenzhen Dog Breeding Management Regulations" was officially implemented. The Regulations require the implantation of electronic tags for dogs, and stipulate that if a dog hurts a person, the district competent department shall temporarily detain the injured dog to confirm whether it is suffering from rabies, and the relevant costs shall be borne by the dog owner. The injured dog will be temporarily detained for 7 days by the competent department for medical observation. The Regulations divide public places into three categories: the first category is strictly restricted places; the second category is commercial places, where the business unit decides whether to restrict and how to restrict; the third category is areas where the competent departments and community management units set restrictions as needed.
Hangzhou: "Uncivilized dog raising" fine of up to 10,000 yuan
In 2018, Hangzhou carried out special governance of "Uncivilized dog raising" behavior across the city. According to the " Hangzhou Regulations on Restricting Dogs in Hangzhou Regulations ", if the dog is taken out of the house without a dog chain, the dog competent department will temporarily detain the dog, and the dog owner will be fined not less than RMB 200 and not more than RMB 1,000. If the circumstances are serious, the dog will be confiscated and the "Dog License" will be revoked. If it is an unlicensed dog, in addition to confiscating the dog, the fine is also relatively high. If a dog is raising an organization, a fine of not less than 5,000 yuan and not more than 10,000 yuan will be imposed; if an individual raises a dog, a fine of not more than 3,000 yuan and not more than 5,000 yuan will be imposed.
Jinan: Implement the 12-point score system for dog raising
Shandong Jinan implements the 3-point score system for dog raising without a chain, and deduct 12 points for dog license "revoked" if it is deducted. In January 2017, Jinan organized volunteers to develop the first professional dog management app in China, which can realize all dog management work such as certificate application, annual review, inspection, and punishment assessment with one mobile phone. The "dog raising score system" is launched together with the "Dog Management Platform" APP, and is only for internal use of the public security system, and has been provided to the dog raising management departments of public security organs nationwide for free and provide technical support.
comprehensively compiled from Yanzhao Metropolis Daily Legal Daily Guangzhou Daily Internet and other
Editing He Yiqian
