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There are local regulations that do not belong to the provisions of the law.
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Civil Code, Public Security Administration Punishment Law, etc.
From the local level, at present, large and medium-sized cities have successively issued corresponding laws and regulations for the management of dog breeding. Each region has formulated laws, regulations or normative documents for the management of dog breeding in combination with local conditions.
Article 1245 of the Civil Code [General Provisions on Liability for Harm Caused by Raising Animals] Where a raised animal causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated.
Article 1247:[Liability for Harm Caused by Dangerous Animals Prohibited from Keeping]Where a fierce dog or other dangerous animal that is prohibited from raising causes harm to others, the animal keeper or manager shall bear tort liability.
Article 75 of the Law on Public Security Administration Penalties stipulates that "those who raise animals and interfere with the normal life of others shall be given a warning; Those who do not make corrections after warnings, or allow animals to intimidate others, shall be fined not less than 200 yuan but not more than 500 yuan. "Whoever drives an animal to harm others shall be punished in accordance with the provisions of paragraph 1 of Article 43 of this Law.
Although dogs are deeply loved by humans, there are also some dog owners who do not have the basic morality of keeping pets, or even take responsibility for them. Therefore, don't decide to get a dog on a whim because you see a cute dog, but you should consider many factors and think twice.
I hope to be able to help you, if you have other questions and want to consult a pet doctor, click on the avatar below for a free 1-to-1 consultation.
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According to Article 285 of the Civil Code of the People's Republic of China, property management service enterprises or other managers shall, in accordance with the entrustment of the owners, manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of Part III of the relevant property management service contracts of this Law, accept the supervision of the owners, and promptly reply to the inquiries raised by the owners about the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.
Therefore, whether it is in the property rights or in the property and owner management relationship, it is clear that the relevant management needs to be supervised by the owner, so there is a law to follow in the future of the community dog or residents to raise dogs, and the lawyer recommends that all dog lovers must properly handle the relationship between the community, property and neighbors while raising dogs.
Article 285 of the Civil Code of the People's Republic of China stipulates that property management service enterprises or other managers shall, on the basis of the entrustment of the owners, manage the buildings and their ancillary facilities in the building zoning in accordance with the provisions of the relevant property management service contracts in Part III of this Law, accept the supervision of the owners, and promptly reply to the inquiries raised by the owners on the property management services. Property service enterprises or other managers shall implement emergency response measures and other management measures implemented in accordance with the law, and actively cooperate with relevant work.
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Legal analysis: There are no clear regulations on pet dogs in China, but various cities have specific regulations on pet dogs. Establish and improve the pet dog management mechanism, issued by the people of the district, the city community completely prohibits raising large dogs, comprehensively clean up and register pet dogs, regular vaccination, and completely eliminate ownerless wild dogs.
But there are still rules for owning a dog to cause damage to others.
Legal basis: Article 286 of the Civil Code of the People's Republic of China The owner shall abide by the laws, regulations and management regulations, and the relevant acts shall comply with the requirements of resource conservation and ecological environment protection. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.
The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees. Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.
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Legal analysis: The legal provisions on dog breeding are stipulated in the Civil Code of our country. Where the raised animal causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated.
Where a dangerous animal such as a fierce dog that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.
Legal basis: Article 1245 of the Civil Code Where an animal raised causes damage to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated.
Article 1247 of the Civil Code: Where a fierce dog or other dangerous animal that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.
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Legal analysis: If the relevant laws and regulations do not take safety measures for animals and cause damage to others, they shall be liable; If it can be proved that the damage was intentionally caused by the infringed party, the liability may be reduced. Dangerous animals such as fierce dogs that are prohibited from being raised cause damage to others shall be held responsible.
If the damage is caused by not being vaccinated or walking the dog on a leash, even if the victim deliberately provokes, the owner cannot be exempted from responsibility, but can only be mitigated. Where an animal is raised that causes harm to others, the animal keeper or manager shall bear tort liability, but if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or reduced. To put it simply, the average dog owner is responsible for compensation.
Unless the person who was bitten deliberately provoked the dog, in which case the dog owner can pay no or less. Where animals raised in accordance with relevant laws and regulations cause damage to others, the animal keeper or manager shall bear tort liability, but if it can be proved that the damage was caused intentionally or by gross negligence of the infringed party, the liability may be waived or reduced. Where management provisions are violated and safety measures are not taken for animals, causing damage to others, the animal keeper or manager shall bear tort liability.
Legal basis: Civil Code of the People's Republic of China
Article 1245: Where raised animals cause harm to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or mitigated.
Article 1246: Where management provisions are violated by failing to take safety measures against animals and causing harm to others, the animal keeper or manager shall bear tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.
Article 1247:Where a fierce dog or other dangerous animal that is prohibited from being raised causes harm to others, the animal keeper or manager shall bear tort liability.
It has to be done as soon as possible, and don't joke with the body.
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