试论野生动物致人损害的救济问题

On Relief to People Injured by Wild Animals

野生动物致人损害的案件分为两类:一为野生动物园内的野生动物致人损害的,实践中主要由野生动物园承担民事责任;二为野生状态下的野生动物致人损害的,我国目前尚无立法规定如何对受害人进行救济。作者试图从国家补偿的角度对野生动物致人损害的救济的法理基础、赔偿义务机关的设置等问题提出一点设想。

Cases of people injured by wild animals can be seperated into two kinds. The first kind is people are injured by wild animals in zoos, about which the legal practice is the zoos are judged to bear the main responsibilities. Another kind is people are injured by wild animals under wild circumstances, about which there is by far no law or legal regulation to send relief to the victim(s). Considering chances of compensation made by the government, this paper tries to suggest the basis of legal principle about relief to people injured by wild animals, and the establishment of compensation administrations as well.