论流浪动物致人损害中善意喂养人侵权责任

On the Tort Liability of Bona Fide Feeders in the Damage Caused by Stray Animals

经济的发展使得越来越多家庭饲养了宠物,弃养等原因也导致了社会上流浪动物的数量增加,流浪动物咬伤路人的案件常有发生。《中华人民共和国民法典》中仅仅明确了流浪动物的原饲养人或管理人责任,实际在很多场合难以适用,原因在于许多案件中原饲养人往往难以寻找。取而代之的是与流浪动物有关联的善意喂养人经常会被要求承担侵权责任,该类主体何时需要承担,承担何种责任在法律中并没有明确。文章通过典型案例分析,研究这类特殊人群的侵权责任。

With the development of economy, more and more families have kept pets. Abandonment and other reasons have also led to an increase in the number of stray animals in society. Cases of stray animals biting passers-by often occur. The Civil Code of the People’s Republic of China only clarifies the responsibilities of the original breeder or manager of stray animals, which is difficult to apply in many situations, because it is often difficult to find the original breeder in many cases. Instead, bona fide breeders associated with stray animals are often required to bear tort liability. When and what liability such subjects need to bear are not clear in the law. This paper studies the tort liability of this special group through the analysis of typical cases.