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We choose to have pets, we know what kind of responsibilities and risks we have to face, pet dog bites children is not entirely the fault of the pet dog, but parents to be angry and pet dog to death is extremely incorrect.
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I feel that the parents of the children have a great responsibility for this. Families with children are not suitable for pets, and even if they have pets, parents should domesticate their pets to avoid easy injuries. Dogs should be relatively docile pets in our lives, and in general, if you don't provoke it, it will not come to bite you.
It must be that the child's parents did not educate their children about pet safety. It caused the child to be neither light nor heavy, which angered the pet. Make tragedy happen.
As a reminder, families with children should try not to have pets, and if they do, they should also stay away from children.
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The behavior is excessive, although the pet dog bites the child, but if the owner actively cooperates with the victim to comfort, **, compensation and other work, and further train the pet dog on a daily basis, it is a pet dog that can resolve the conflict After all, the pet dog is also a life, and there is no need to make such a behavior.
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The phrase civilized dog breeding is essentially a lie. Realistically, urban neighborhoods are different from rural and bungalow areas, and dogs should be banned. It is hoped that the city will soon introduce regulations prohibiting dog ownership.
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Parents love their children, but they should not drop their dogs to death, and pet dogs should be vaccinated against rabies. can make the owner bear all the medical expenses, and the parent's behavior is excessive.
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The owner of the child is too extreme, and when the owner of the pet dog promises to compensate and negotiate with each other, he also beats the pet dog directly to no interest, which is also a more emotional approach.
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I think this kind of behavior is wrong and not conducive to the education of children.
First, let's take a look at what happened. The incident started when the parents of the dog owner, Ms. Chen, were walking their dog home when their pet dog bit a little girl who was riding in the same elevator. During this period, the little girl took the initiative to pet the dog, and the dog may have bitten the little girl out of a sense of precaution.
After the incident, Ms. Chen negotiated with the other party's parents, and signed the "People's Mediation Agreement" through the community mediation lawyer, and compensated nearly 5,000 yuan for various losses. That night, the child's parents knocked on the door of Ms. Chen's house and beat the dog several times, resulting in the dog's death. We will discuss the following points about this incident.
1: If a dog bites a child, is it the fault of the dog owner or the fault of the parents. Looking at society, it is not difficult for us to find many accidents similar to this.
For example, if a child is playing on a slide in a shopping mall and unfortunately falls and is injured, the parent sues the mall; There are countless such things as children running into other people's cars, unfortunately dying of lack of oxygen, parents suing car owners, etc. Of course, this kind of thing happens in the first place, and there is no such thing as who is right or wrong. But in other words, as a parent of a child, who is not responsible for the safety of his children and does not educate his children well, such parents are themselves failures.
Two: What is the impact on the child if the dog is killed? Dogs are man's friends.
If a parent drops a dog to death, will it cause indelible trauma to the child's psyche? Children are kind themselves, and parents are not telling their children that if someone has caused harm to you, you should fight violence with violence and strangle the other party. As a parent, you must not educate your children like this, such behavior is not the correct values that parents should guide.
Three: Since it has been negotiated and settled, why do you have to go to the door and smash the dog. Since the "People's Mediation Agreement" has been signed, the legal effect has already taken effect, and breaking the contract without permission is not ignoring the law.
We should improve our legal awareness and be a good citizen who understands the law and is legal, which is the best education for children.
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If it is an after-the-fact revenge and falls to death of a dog, and the price of the dog exceeds the standard for filing a case for the crime of intentional destruction of property, the crime of intentional destruction of property may also be established.
Legal basis: Article 1184 of the Civil Code of the People's Republic of China Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.
Criminal Law of the People's Republic of China
Article 21: In order to protect the state, the public interest, or the person, property, and other rights of oneself or others from an ongoing danger, those who have no choice but to take emergency evacuation actions, causing damage or slippage, do not bear criminal responsibility.
Where emergency evacuation exceeds the necessary limit and causes undue harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
The provisions of the first paragraph concerning the avoidance of personal danger do not apply to persons who have specific responsibilities in their duties or operations.
Article 275:Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention, or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.
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Who should be approached for compensation for being bitten by someone else's dog depends on the specific situation, as follows:
1. Article 78 of the Tort Liability Law stipulates that if an animal is raised and causes damage to others, the animal keeper or manager shall bear tort liability, but if it can be proved that the damage was caused by the infringed party's intention or gross negligence, the liability may not be borne or reduced.
Therefore, if an animal infringes on the tort, the animal keeper or manager shall bear the tort liability. Where the infringed party is at fault, liability may be reduced or exempted. That is, if the dog is bitten, the dog owner shall bear the tort liability, and if it is caused by the intent or gross negligence of the infringed party, the dog owner may not bear or reduce the liability.
2. Article 83 of the Tort Liability Law stipulates that if an animal causes damage to others due to the fault of a third party, the infringed party may claim compensation from the animal keeper or manager, or from a third party. After the animal keeper or manager makes compensation, he or she has the right to recover compensation from a third party.
Therefore. If you are bitten by a dog because of the fault of a third person, you can ask a third party for compensation, or you can ask the dog owner for compensation. According to the law, the dog owner is not at fault, even if he is not at fault.
It is only possible to recover from a third party after assuming responsibility.
1. Medical expenses: medical expenses, hospitalization fees, etc. issued by medical institutions. Includes ** fee, plastic surgery fee and future ** fees.
2. Lost work expenses: determined according to lost time and income. The time lost from work is to be determined on the basis of the medical establishment's certificate or forensic evaluation, and where there is a fixed income, it is to be calculated on the basis of the actual reduction in income.
If they have no fixed income, they shall be calculated on the basis of their average income in the last three years, and if they are unable to provide their income in the last three years, they shall be calculated on the basis of the average wages of employees in the same or similar industry in the court in the previous year.
3. Nursing expenses: determined according to the income of nursing staff, the number of nursing staff, and the nursing period. Where nursing staff have income, it is to be calculated with reference to the provisions on lost work; Where there is no income or nursing staff are employed, it is to be calculated with reference to equal remuneration, and the nursing staff is one person in principle, but where the medical establishment or appraisal body has a clear opinion, it shall be implemented by reference.
The period of care shall not exceed 20 years until the victim regains his or her ability to take care of himself.
4. Transportation expenses: medical expenses for the victim and his or her necessary escorts. Evidenced by an official bill.
5. Solatium for moral damages: There is no specific digital standard.
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My son was also bitten by someone else's dog, and the other party was very fierce.
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We also encountered such a situation, I feel that the police station does not care, and the other party's attitude is also very arrogant, how should we clean up this kind of person?
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My child was also bitten by dogs, and the most annoying thing was that he didn't even pay for the seedlings.
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At the critical moment, I still have to have a son, my parents are only me and my sister two daughters, when I was a child, what sons and daughters are the same, but when we both get married, it is the same, I gave birth to two children are also called grandparents, and now the older they are, the more they feel that they must have sons.
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It's easy! Just call the police!
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The dog owner assumes all legal responsibility.
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I really can't go to court to sue her, she is too much of a bully!!
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I think she should apologize, after all, it was her dog who bit people, and it's still important to convince people.
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The dog owner responded to the situation that day, saying that his dog was only three months old and did not bite the child, and the child's parents overreacted.
The incident was on the afternoon of April 19, 2022, in a community in Hebei, a father took his one-year-old child to play in the community, and suddenly a border herd broke into the child's field of vision, for some reason, scared the child to cry, and the child's father thought that the puppy bit his child after hearing the cry, and directly threw the puppy to death. When the dog owner saw this scene, he was furious and accused the other party of throwing his child (dog) to death. Then ** arrived at the scene to adjust for the twoIn the end, it didn't work.
As the mother of the child, the author can understand the excitement of a father when he finds out that his child may encounter risks, at this moment, what flashes in the father's mind must not be whether the dog is harmful, but how to quickly avoid the possible injury, because even if there is only a zero point of one possibility, as a child's parents will not allow, maybe for the dog owner, his dog is still young, it is impossible to bite, but the one-year-old child will not distinguish the danger possible, and the dog is not a person, No one can guarantee its every moveTherefore, it is indeed untenable for dog owners to accuse their children's parents of doing too much.
In recent years, it should have been the most loyal dog of human beings, repeatedly disgusted, afraid, dog lovers and others have contradictions, the root cause of the correction lies in the dog management problem, some dog owners are too doting on their dogs, go out as if in their own garden, let pets urinate at will, and even turn a blind eye to pets hurting people, the happiness of their own pets, above the safety of others, which leads to many people beginning to hate dogs, and even reject dog owners, If every dog owner can manage their pets well, on the basis of vaccinating their pets, they can carry a dog leash when they go out, and they can stop it when the dog is ferocious, the author thinks that there will not be so many people who reject pet dogs.
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At that time, the dog owner went out with the dog, scared a 1-year-old child into crying, and the child's father fell the dog to death in a hurry, and the dog owner said that this is a puppy will not hurt people, and ** has been involved in the investigation.
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It was because the pet dog was not on a leash, but swaggered in public, which scared the child, so the parents threw the dog to death in order to protect the child.
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Recently, a classmate from Jincheng College of Nanjing University of Aeronautics and Astronautics posted: A hotel owner fell to death Teddy on the street, and the scene was very bloody.
The reporter came to the scene of the incident, and there was a billboard erected at the door of the duck neck store run by Ms. Chen, the owner of the fallen puppy, which read: In order to thank the students for their love and sympathy for my dog, the audience is hereby 7% off.
Speaking of the puppy being thrown to death in the street, Ms. Chen is still very sad. Ms. Chen said that the teddy dog had been kept for six or seven years and had always been tethered to the door on a leash. After the dog man fell once, Teddy didn't die, he went up and kicked twice. The puppy died with his mouth full of blood.
It was Mr. Tong, the owner of the restaurant opposite the duck neck shop, who killed the puppy on the street. Mr. Tong told reporters that the day of the incident was the Dragon Boat Festival, and the family was celebrating the festival, and the family took their 2-year-old son out to play. Unexpectedly, he was bitten by Teddy from the duck neck shop.
Then he stepped forward to negotiate. The owner, Ms. Chen, said she wanted to contact her daughter. Mr. Tong contacted his daughter, who also promised to pay for the medical bills.
Just as Mr. Tong was about to leave, Ms. Chen suddenly said that she was right and asked Mr. Tong to call the police. Mr. Tong said that his son was bitten and cried, and Ms. Chen's attitude of not caring about anything and making trouble angered him. In addition, he drank alcohol at the time, and on the spur of the moment, he fell to death the puppy.
Afterwards, he also regretted it very much.
After the incident, the police took the two sides to the police station to mediate and explain. Under the mediation of the police, both parties quickly realized their mistake and reached a settlement, Ms. Chen did not ask Mr. Tong to compensate for the cost of the puppy, and Mr. Tong did not claim medical expenses. Ms. Chen said that after the education of the police, she realized that she also made mistakes, after all, it was her own puppy that bit the child, and the child's injury is more important than the dog, so the child should be vaccinated as soon as possible, instead of insisting on calling the police.
Mr. Tong also said that he should not have praised Zheng's drunken impulsiveness and fell to death of the puppy, and he was willing to apologize to Ms. Chen and dog lovers.
However, what Mr. Tong did not expect was that the matter did not end with the reconciliation between the two parties. Some students posted this matter to the post bar, and some students even searched for Mr. Tong's mobile phone number through takeaway and other platforms, and spread it around. Dog lovers from all over the country are calling **, texting threats, and insulting Mr. Tong 24 hours a day.
Some so-called dog lovers even attacked Mr. Tong's family, not only calling on the students not to eat at Mr. Tong's restaurant, but also conducting doxing of Mr. Tong's children's privacy, claiming to retaliate against Mr. Tong's children and issuing death threats. Today, Mr. Tong's family lives in fear of online violence. As a last resort, Mr. Tong has begun to transfer the hotel and is forced to leave the place where he has lived for 10 years.
People in the legal profession said that it is not right for Mr. Tong to fall to death the dog, but netizens should also pay attention to proportionality when condemning, and insults and intimidation are suspected of violating the law.
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