What is the responsibility of the dog bites the dog owner, and what is the responsibility of the dog

Legal analysis: If a dog bites a person, the dog owner shall bear tort liability. After the dog bites another person, the owner of the dog shall bear the tort liability to the infringed party and compensate the other party, but if it can be proved that the damage was caused by the other party's intention or gross negligence, the dog owner may not bear the tort liability or reduce the liability, and the other party will receive much less compensation.

Legal basis: Article 1245 of the Civil Code of the People's Republic of China 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.

Bear the corresponding tort liability.

According to the law, the act of causing damage to a person by an animal is a special tort, and the principle of attribution in this type of case is the principle of no-fault liability, that is, as long as there is a causal relationship between the damage result and the actor, the tort liability must be borne, and the burden of proof in the lawsuit is also borne by the actor, that is, the dog owner.

If the dog bites a person due to the fault of a third party, the third party can be required to compensate, or the keeper or manager can be required to compensate, but after the keeper or manager has compensated, there is the right to recover from the third party.

Legal analysis: When a dog bites a person, the owner is generally liable for tort, including the responsibility to stop the infringement and compensate for losses. However, if the owner can prove that the victim was intentional or grossly negligent, the owner may not bear responsibility or reduce the owner's responsibility accordingly.

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.

Hello Dog bites, the owner generally bears tort liability, including the responsibility to stop the infringement, compensation for losses, etc. However, if the owner can prove that the victim was deliberately depressed or grossly negligent, the owner may not be held liable or reduce the owner's responsibility in a simple manner.

Legal basis: Article 1240 of the Civil Code of the People's Republic of China 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 the negligence of the infringed party, the liability may not be borne or reduced. 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 the tort liability; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.

One, is the dog owner responsible for dog bites.

If a dog bites a person, the responsibility of the dog owner is: 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 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; However, if it can be proved that the damage was intentionally caused by the infringed party, the liability can be mitigated.

Legal basis: Article 1245 of the Civil Code.

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. Training.

The 1,200th chain is resistant to forty-six.

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; 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 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.

2. What is the crime of intentionally letting a dog bite someone?

According to Article 1246 of China's Civil Code, if a person violates the management regulations and fails to take safety measures for animals and causes damage 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. Therefore, deliberately letting a dog bite a person is an act of infringing on the right to health of others, and the dog is a tool of its infringement and should bear tort liability.

If a dog is deliberately released to bite a person to death, the dog can be regarded as a tool for committing the crime, and the owner is a murderer and should bear civil liability and criminal liability.

3. Do I need compensation for deliberately letting a dog bite a person and killing a dog?

If the owner deliberately lets the dog bite and infringes on the right to life and health of others, then the person's right to life and health is put in the first place, so the act of killing the dog at this time is a legitimate act of defense. According to the laws of our country, if the justifiable defense exceeds the necessary limit and causes undue damage, the justified defender shall bear appropriate civil liability. Therefore, if you chase the dog away or something, you don't mind defending yourself again, unless the dog is at risk of biting again, you need to compensate the dog owner for more than necessary.

The owner of the same Chunli dog deliberately let the dog bite a person, and he can also be required to take responsibility.

Summary. Kin-kin, tort liability refers to the civil legal consequences that the civil subject should bear due to the commission of the tort. Tort liability is an obligation that every person bears to others, that is, not to infringe upon the legitimate rights and interests of others because of his own wrongdoing, otherwise it can constitute a tort and bear responsibility for the injured party.

Infringements are basically illegal acts. Where the lawful rights and interests are infringed, the situation is urgent and it is not possible to obtain protection from the state organs in a timely manner, and failure to take immediate measures will cause irreparable harm to their lawful rights and interests, the victim may take reasonable measures such as withholding the infringer's property to the extent necessary to protect his or her lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition.

Kiss <>

We'll be happy to answer your questions<>

If the owner of a dog bites a person bears tort liability, the owner generally bears tort liability, including the responsibility to stop the infringement and compensate for the loss. However, if the owner can prove that the victim was intentional or grossly negligent, the owner may rejuvenate himself to reduce the owner's responsibility by not taking responsibility or by corresponding omissions.

Kin-kin, tort liability refers to the civil legal consequences that the civil subject should bear due to the commission of the tort. Tort liability is an obligation for any person to bear to others, that is, not to infringe upon the legitimate rights and interests of others because of his or her own wrongdoing, otherwise it can constitute a tortious act and be liable to the injured party. The infringements are basically illegal acts of liquid nuclear infiltration.

Where the lawful rights and interests are infringed upon, the circumstances are urgent and the protection of the state organs cannot be obtained in a timely manner, and the lawful rights and interests of the victim will be irreparably harmed if they do not take immediate measures, the victim may take reasonable measures such as withholding the infringer's property to the extent necessary to protect their lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition.

It is generally believed that dog owners are only negligent in civil liability, and often do not need to bear criminal liability, unless there is a vicious event, such as causing the bite person to be injured too seriously or die. From the perspective of judicial practice, very few breeders or managers bear criminal liability, but most of them are civil liability.

1. Civil liability to be borne.

China's Civil Code and many other civil laws have clear provisions on cases of animal injury to humans. Where the animal is raised and causes harm 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 intentional or gross negligence, the liability may be waived or reduced. Where a dangerous animal such as a fierce dog that is prohibited from being raised causes damage to others, the animal keeper or manager shall bear tort liability.

First of all, the act of causing damage to a person by an animal is a special tort, and the principle of attribution of liability in this type of case is the principle of no fault, as long as a pet injures a person, the actor who has a legal causal relationship with the result of the damage, regardless of whether he is at fault, must bear the tort liability for compensation. Second, with regard to the allocation of the burden of proof, the burden of proof borne by the injured party includes: the fact of the damage; The damage is caused by an animal kept or managed by the aggressor.

In practice, the general proof should include audio and video recordings of the incident, records of interrogation after the police were called, diagnosis certificates from regular hospitals, witness testimony, and so on.

In accordance with Article 4 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings.

5) stipulates that the animal keeper or manager shall bear the burden of proof that the victim is at fault or that a third party is at fault. Where there is evidence, they may appropriately reduce or exempt themselves from liability for compensation. Thirdly, the items to be compensated in such cases include:

Medical expenses, food subsidies, nursing expenses, transportation expenses, nutrition expenses, lost work expenses, etc.; If disability is caused, compensation shall also be made for disability compensation, living expenses of dependents, and solatium for mental damages; If the death of another person is caused, compensation shall also be paid for the death compensation, living expenses of the dependents and funeral expenses.

2. Administrative responsibilities that should be assumed.

Article 75 of China's "Public Security Administration Punishment Law" stipulates: "Anyone who drives an animal to harm others shall be detained for not less than 5 days but not more than 10 days, and shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. "As can be seen from this article, the administrative liability of the keeper or manager or manager of the animal is fines and detention.

In addition, various localities have also issued relevant regulations, such as the "Hangzhou Dog Restriction Regulations", "Wuxi Dog Management Regulations" and so on.

3. Criminal liability.

For the keeper or manager of an animal that injures a person due to negligence and negligence, or credulously believes that it can be avoided, causing serious consequences for the death of the victim, must bear criminal responsibility, and the punishment is the heaviest, it can be sentenced in accordance with the crime of negligence causing death in the Criminal Law.