关于“流浪宠物伤人案”的思考

Reflection on the Case of Stray-Pets Defects

近年来流浪宠物伤人事件频繁发生,给司法实务部门带来了一定的困扰。由于法律规定明确性的欠缺,司法机关在认定案件之责任主体时往往语焉不详,裁判理由也过于牵强,其作出的司法判例常常引起人们的合理质疑。显然,只有从法律理论层面探寻解决流浪宠物问题的基本路径,在此基础上论证立法保护的必要性,进一步明析其伤人的责任性质,方能对流浪宠物的饲养和遗弃问题进行有效法律规制,从而破解流浪宠物泛滥无人问津的社会难题。

Stray-Pets Defects have occurred in recent years, which has posed some difficulty on the judicial department. Due to lack of explicit regulation in the law, the judicial department has been obscure to the recognition of the subject of liability and its criminal judgments have been inclined to be awkward. Hence, these judicial precedents often lead to discredit, which needs to be clarified. Theoretically exploring some primary methods toward the problem will provide a good foundation on the necessity of judicial protection and the substance of shouldering responsibility. Only in this way can valid regulations toward abandonment and adoption of stray pets will be established so as to eliminate the social dilemma of indifference toward the stray pets.