动物致害侵权责任研究

On Liability for Tort about the Animals' Injuring

我国立法动物致害责任条款部分内容含义不明 ,易引起误解。从比较、逻辑角度分析研究 ,认为该条款表述应为 :饲养的动物致他人损害的 ,动物所有人或管理人应承担民事责任 ,但能证明损害是由受害人故意造成的 ,不承担责任。或能证明损害是由受害人过失造成的 ,且动物所有人或管理人已尽“相当注意” 。

The meaning of the article on animals' injuring in our country is not clear. This can give rise to be misunderstood easily. In comparing logical ways, the essay considers the article should be expressed to be: the animals raised injure on the others, the owner or the managers of the animals should take whole civil liabilities, unless they can give evidences that the damage is caused by the injured deliberately, or the damage has been caused by the injured carelessly and the owners or managers of the animals have tried their best to take care of their animals.