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Your dog is property under the Civil Code. If someone beats your dog and causes your dog to lose its normal physiological functions, or become disabled or die, the circumstances are serious, it is an intentional tort. In addition, if your dog attacks the other party or another person first, and the other party hits your dog for self-protection or protection of others, the other party has a legitimate reason as a defence, which is justified defense or emergency avoidance, and you have no right to hold the other party liable for the infringement of property rights.
Legal analysis
According to Article 1167 of the Civil Code, if the other party causes injury to your dog, you can ask the other party to stop the attack and demand that the other party bear the liability for compensation. The other party can be required to bear the liability of the dog's market ** at the time of the property loss. You can also negotiate with the other party to determine the amount of compensation that the other party should compensate, such as the dog's ** expenses, etc.
The other party shall bear the liability for infringement, and shall bear the responsibility of compensating for losses, making a formal apology, and restoring the original state.
According to the provisions of the Civil Code, if your dog will cause harm to the other party or cause harm to others, the other party can take reasonable measures to protect themselves or others, so the other party will not be liable for tort for the injury caused to your dog. But if you cause harm to your dog simply for fun or provocation if there is no valid reason, the other party needs to compensate you. If the measures taken are improper or exceed the necessary limit, causing undue damage, the other party shall bear appropriate civil liability.
Legal basis
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.
Article 1182:Where the infringement of the personal rights and interests of others causes property losses, compensation is to be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer as a result; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.
Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred.
Article 181:Where harm is caused by legitimate defense, civil liability is not borne.
Where legitimate defense exceeds the necessary limits and causes undue harm, the defender shall bear appropriate civil liability.
Article 182:Where harm is caused by emergency avoidance, the person who caused the danger bears civil liability.
If the danger is caused by natural causes, the emergency evacuator shall not bear civil liability and may be given appropriate compensation.
Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue harm, the emergency evacuee shall bear appropriate civil liability.
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If you violate the law, you will generally report to the police directly when you encounter this situation.
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Of course, you can sue her, your dog belongs to your personal property, others can't destroy your personal property, and if someone else beats your dog, you should also call the police first, and then sue this person through due legal process.
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If your dog meets all the conditions, such as having a hukou, having a vaccination certificate, walking the dog with a leash, etc., then it is illegal for someone to beat your dog, and you will be arrested directly 110 and ask for compensation.
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If a stranger hurts your pet with other items, then you can ask him to compensate, if the other party refuses to compensate, you can call the police by 110 to deal with it, this must be for the other party to make corresponding compensation and responsibility!
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In general, if you walk your dog on a leash and he hits your dog, it is definitely not right.
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I don't know why the other party hit your puppy. I think this kind of behavior of his is already suspected of intentional destruction of property.
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Legal analysis: Killing someone else's dog is a crime of intentional destruction of other people's property, and it is suspected of the crime of intentional destruction of property. Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is a general illegal act.
They are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. Serious circumstances, generally referring to the destruction or damage of important items, and the loss is serious; The means of destroying or damaging public or private property are particularly heinous; out of the motive of blaming others, etc. Where the crime of intentional destruction of property is committed, and the amount is relatively large or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other especially serious circumstances, the sentence is between 3 and 7 years imprisonment.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Criminal Law of the People's Republic of China: 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 three and seven years imprisonment is to be given.
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Summary. Cute] [cute] dear, hello! I'm glad to answer for you, did someone hit my dog and I hit him illegally:
If someone hits your dog, you have the right to report it to the local police and ask for criminal responsibility. However, you can't hit someone yourself because it's against the law.
Cute] [cute] dear, hello! I'm glad to answer for you Gao Zheng, did someone beat my dog and I hit him against the law A:
Not breaking the law. According to the provisions of the Criminal Law of the People's Republic of China, no one may in any way damage the property or personal safety of others, nor may he infringe upon the legitimate rights and interests of others. If someone beats your dog, you have the right to report the case to the local police file and ask for criminal responsibility.
However, you can't hit someone yourself because it's against the law.
In our country, violence is strictly forbidden, and no one can resolve disputes by violent means, otherwise they will be punished by law. If you hit someone yourself, not only will you be punished by the law, but it will also cause you more trouble. Therefore, even if someone beats your dog, you should not do it yourself, but should report the case to the public security organ and ask for the other party's criminal responsibility.
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Summary. Hello, according to the laws and regulations that I understand, it is illegal to hit someone else's dog. According to Article 52 of China's "Public Security Administration Punishment Law", anyone who commits any of the following acts shall be given a warning or a fine of not more than 200 yuan; where the circumstances are more serious, they are to be detained for up to 5 days; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Fighting, causing trouble, or otherwise disrupting public order in a public place; (2) Intentionally damaging public facilities or other people's property in a public place; (3) setting off fireworks, firecrackers, smoke bombs or other similar items in public places; (4) Chasing, playing, fighting, or otherwise endangering the physical safety of others in a public place; (5) Driving motor vehicles, non-motor vehicles or driving animal vehicles in public places in violation of traffic management regulations; (6) Littering, graffiti, posting, or otherwise polluting the environment in public places; (7) Violating civilized conventions, social morality, or other public rules in public places. Therefore, hitting someone else's dog is also a violation of public rules and should be punished accordingly. At the same time, we should also respect and protect the rights and interests of animals, and should not harm animals at will.
I'm still a little confused, can you be more detailed?
Hello, according to the laws and regulations that I understand, it is illegal to hit someone else's dog. According to Article 52 of China's "Public Security Administration Punishment Law", anyone who commits any of the following acts shall be given a warning or a fine of 200 yuan for damage; where the circumstances are more serious, they are to be detained for up to 5 days; If a crime is constituted, criminal responsibility shall be pursued in accordance with law: (1) Fighting, causing trouble, or otherwise disrupting public order in a public place; (2) Intentionally damaging public facilities or other people's property in a public place; (3) setting off fireworks, firecrackers, smoke bombs or other similar items in public places; (4) Chasing, playing, fighting, or otherwise endangering the physical safety of others in a public place; (5) Driving motor vehicles, non-motor vehicles or driving animal vehicles in public places in violation of traffic management regulations; (6) Littering debris, graffiti, sticking and hanging in public places, or polluting the environment by other means; (7) Violating civilized conventions, social morality, or other public rules in public places.
Therefore, hitting someone else's dog is also a violation of public rules and should be punished accordingly. At the same time, we should also respect and protect the rights and interests of animals, and should not harm animals at will.
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