With the behavior of keeping pets,
is becoming more and more common,
accompanied by pet "cause" incidents
civil disputes caused by pet infringement have also increased. Yu is a dog lover, and they often walk their dogs in the square. In April of this year, when Liu and Yu were walking their dogs after a meal, the dogs raised by both parties "fighted". During the period, the dogs raised by Yu suddenly bit Liu's right foot, causing Liu's right foot to be damaged and swollen. Liu spent nearly 2,000 yuan in medical expenses for this.
Afterwards, the two parties went to the street office for mediation on the issue of compensation, but failed to reach an agreement, so Liu sued the court.
Finally, Yu pays 2000 medical expenses in one lump sum.
This kind of case is not uncommon in our lives.
Today we will learn how to keep pets
according to laws and regulations
Being a civilized breeder
How to choose pets?
When choosing pets, we should be careful not to be too trendy and not to keep pets that are prohibited by law for private keeping. For example, the primary and secondary protected animals in the National Key Protected Wildlife List, the three national protected animals and the species in the appendix of the Washington Convention cannot be kept. Take the popular parrots for example. Most parrots cannot be kept privately, such as grey parrots and macaws. Commonly allowed parrots are budgerigars and cockatiels (cockatiels). Raising foreign creatures at will will lead to serious consequences, such as violation of domestic and foreign laws and regulations, serious crimes or biological invasions.
Common pets in urban households are mainly dogs and cats. It is worth noting that when citizens are raising dogs, they should pay attention to whether local laws and regulations prohibit the raising of fierce dogs. In our Meishan area, according to the 2017 "Meishan City Center Dog Management Measures", the areas under the jurisdiction of Tonghui, Dashiqiao, and Suci Streets in the downtown area of Meishan are restricted to dogs. In principle, small dogs are kept in restricted areas, and large ferocious dogs such as Tibetan mastiffs and wolfhounds are not allowed. How do
keep pets in accordance with laws and regulations?
We take common dog breeding as an example.
First, raising a dog must be approved. To raise a dog in the downtown area of Meishan, the breeder should register and file in the community and street, and then apply for the "Dog Breeding Permit" to the local police station. If the owner of the dog changes, a new "Dog Breeding Permit" shall be issued.
Second, keeping dogs must be immune. All dogs raised in urban areas must be vaccinated against veterinary rabies. Either take part in the centralized spot immunization, or choose to bring your dog to the animal husbandry and veterinary station or designated pet clinic for immunization.
Third, keeping dogs must be regulated. Here is a reminder to the general public that since they have chosen to keep pets, they must be responsible for their pets and do not abandon them. Friends who keep dogs should use leashes, muzzles and other management tools when walking their dogs, and keep a proper distance from others to avoid unnecessary damage to others. How to protect the rights of
animal infringement incidents?
In the unfortunate event of an animal wounding, whether it is an infringer or a victim, we should know how the Civil Code stipulates this issue, so that we can protect our rights in accordance with the law and seek proper solutions to the problem.
For example, when a dog is injured in an incident, the dog owner shall bear tort liability, actively cooperate with the injured in the treatment, work hard to solve the problem, and cannot evade responsibility. As an injured person, if he has gross negligence or intention for the damage, the dog owner may reduce or not be liable. Therefore, I would like to remind the general public and friends not to touch other people's pets without their permission to avoid unnecessary damage.
Relevant provisions in the Civil Code
● General provisions on liability for damages to animals
Article 1245: If the animal raised causes damage to others, the animal breeder or manager shall bear tort liability; but If it can be proved that the damage was caused by the intentional or gross negligence of the infringer, the liability may not be assumed or reduced.
● Infringement of not taking safety measures against animalsLiability
Article 1246: In case of violation of management regulations and failure to take safety measures on animals and cause damage to others, the animal breeder or manager shall bear tort liability; however, it can be proved that the damage was caused deliberately by the infringed Yes, the responsibility can be reduced.
● Liability for harm caused by dangerous animals that are prohibited from being kept
Article 1247: Where a dangerous animal such as a violent dog that is prohibited from being kept causes damage to others, the animal breeder or manager shall bear tort liability.
● Liability for harm caused by abandoned or escaped animals
Article 1249: Where an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original owner or manager of the animal shall bear tort liability.
Article 1250 If the animal causes damage to others due to the fault of a third person, the infringed person may request compensation from the animal breeder or manager, or request compensation from the third person. After making the compensation, the animal breeder or manager has the right to claim compensation from a third party.
Article 1251 Keeping animals shall abide by laws and regulations, respect social ethics, and shall not hinder the lives of others.
Today's legal guidance
[Lawyer Huang Xinwei] Introduction of lawyer
:
Huang Xinwei has a bachelor's degree and is now a full-time lawyer at Sichuan Dakuan Law Firm.
phone number: 13608137714
business expertise: criminal law defense, civil and commercial legal proceedings
