? In actual life, on road, the problem that car hits an animal to cause cause of hair make trouble is commonner also, special wait in rural way, the dog that runs dispersedly is more, after having an accident often somebody stands requirement car advocate compensation, it is compensation of minatory requirement a huge sum even.
Raise kind of creature to having the family of host, belong to personal property, mainstream viewpoint approbates his to belong to traffic accident, there also is corresponding judicatory legal precedent in reality. Say so, when driving on the road, if produce the event of collision animal, encounter somebody when claim for compensation, if think those who solve is reasonable, can talk things over by oneself solve; If thought to be browbeaten, ought to first selection calls the police the rights and interests that will safeguard oneself, avoided a few troubles already so, hand in strong danger to also can assume a liability to pay compensation at the same time, agreement of contract of commercial risk basis is potential also again compensate some, raise the person's fault plus the animal, also can reduce very big one share responsibility.
It is, mainstream viewpoint:
About the event that car and animal produce, there are two kinds of point of views commonly in reality:
One kind is a basis " law of road transportation safety " its qualitative for traffic accident. Law of road transportation safety sets the 119th times, traffic accident, the person casualties that shows because fault perhaps is caused accidentally,car is in on road or belongings losing incident. The important document that this makes traffic accident with respect to the specification has at 5 o'clock: ① accident main body is car, include motor vehicle and blame motor vehicle; Virgin soil of ② accident hair is to be on road, include highway, city although be in,road is mixed unit administer inside limits but the place that permits social motor vehicle to pass through, wait for the place that is used at the public to pass through like square, communal parking lot; ③ car drives to the person has traffic to violate act or have fault accident perhaps, in reality, drive the person collides intentionally also calculate traffic accident; ④ person casualties or belongings losing incident should follow the fault of car or have accidentally causal, if be done not have between both causal, not be traffic accident; ⑤ has damage consequence, person casualties or belongings loss.
Another kind of viewpoint, it is a basis " civil code general rule " (it is now " civil code general principles " ) the 127th its qualitative damage incident to raise an animal to send a person. Civil code general rule sets the 127th times, raise an animal to cause other to damage, the animal raises a person to perhaps manage a person to ought to assume civil responsibility. This responsibility is without fault responsibility, form important document to have at 3 o'clock: ① must be raised creature causes other to damage, namely the animal of artificial feed and check. The independent movement of ② animal causes other to damage, namely the danger that the animal is based on its itself, in do not suffer outside force to enforce or urge the oneself action that fall and carries out, majority is positive action, if bite a person, have thing; Inactive movement is below special situation, wait like Niu Wo rail. ③ needs existence to damage a fact, damage consequence to include person is damaged or belongings is damaged, impare even condition. ④ animal do harm to and damage have between the fact causal. Of ⑤ animal feed a person or manage a person to not have avoid duty main content. " tort liability law " the 78th, raised creature causes other to damage, the animal feeds a person or administrative person ought to assume tort responsibility, but because perhaps be weighed intentionally by the infringer,can proving to damage is big error is caused, need not be assumed or reduce liability.
2 be, point of view of the judge in judicatory practice:
(one) the animal forms traffic accident because of traffic accident death, its droit person basis " law of road transportation safety " regulation, to cause trouble car advocate reach insurance company to hold damages responsibility. The animal undertakes compensatory as belongings loss, do not belong to the compensatory limits of mental damages.
(2) the creature that the animal raises a person to place did not use up guard obligation, send raised creature to be ground by other on village road make friends is deadly, the animal raises a person to bear main responsibility, the infringer bears less important responsibility.
(3) to the animal colliding because of infringer car in practice, bring about an animal to produce collision with the car of the injured party again again, because infringer car bumps into the open after the animal a dangerous source, this risk source causes damage of car of the injured party again, the harm of the injured party and this risk source have direct causal, accordingly, the insurance company agree of the accept insurance of cause trouble car carries liability to pay compensation, the Liu Cailong that sees Henan saves Nanyang city quadrangle appeal to the traffic accident case such as company of Nanyang of earth money danger. " tort liability law " the 83rd, because the fault of the 3rd person causes an animal to cause what other damages, can feed a person to the animal or be managed by the infringer the person requests to compensate for, also can request to compensate for to the 3rd person. After the animal feeds a person or administrative person is compensated for, authority chases after countervail to the 3rd person.
(4) about mental damages problem: " clause of compulsory insurance of liability of accident of motor vehicle traffic " the 8th, traffic accident, be opposite only person is caused disable, when death, just compensate for spirit to damage. Top people court " about determining blame of damages of civil tort spirit the explanation of a certain number of problems " the 4th, have moral quality the specific souvenir article of symbolic significance, permanent because of tort behavior destroy break or damage, article everybody because of tort, sue a request to compensate for spirit to damage to people court, people court ought to give lawfully accept. Pet dog is property, but in do not belong to usually " have moral quality the specific memento of symbolic significance is tasted " , do not belong to the limits of the belongings that can compensate for spirit to damage.
(5) someone else is enraged ill, this case is not caused directly, no matter be medical treatment cost, still be other loss, do not grant to compensate for, won't compensate for spirit to damage more.
3 be, relevant case:
(one) Jiangsu province does not have stannic city benefit court of a mountainous area people (2006) Hui Min 3 first the 1311st civil judgment carries the word bright, the dog dies because of the accident, the worth that should count accuser gets loss, accord with traffic accident make important document, belong to traffic accident. The accused not basis " law of road transportation safety " the regulation accomplishs safety to drive, the attention that did not use up reasonable discretion to belonging to the dog of other belongings is compulsory give avoid let, have certain fault. Accuser not catenary of fasten good dog, cause a dog to drive to be flounced off via outdated in the accused be bumped into dead, comparative with the fault of the accused, assume coequal responsibility. Of the accused car hand in strong risk company to answer to assume liability to pay compensation to the victim inside liability limit range. The dog undertakes compensatory as the belongings loss of accuser, do not belong to the limits of mental damages, accuser has no right to obtain mental damages.
(2) Jiangsu province does not have court of people of division of stannic city lakeside (2010) Xi Binmin one first the 0501st civil judgment carries the word, the accused drives car is in inside dweller village when transport travelling, all did not drive carefully compulsory, all did not notice obligation to road surface circumstance, it is dangerous that the motor vehicle that ignored travel regards a society as public safety the source is minatory to surroundings existence sexual character, to grinding the harm of dog of make friends accuser consequence is put blamable, its behavior fastens the certain matter that makes an accident, should bear the less important responsibility of the accident. Accuser carries a dog to go out, not bundle canine catenary and drawing, indulge dog walks on the road inside residential area only and did not try to be on guard to the happening of traffic accident with the attention, its behavior is the main reason that causes an accident, should bear main responsibility. Compensation should tie the real value when the dog dies, the request such as feed cost, do not have at the law according to, do not grant to support.
Those who need ambitious shift is, to derelict animal, because do not have judicatory legal precedent temporarily, can undertake inference according to relevant theory of law only. If motor vehicle just does not have losing, do not consider as an accident. If motor vehicle just has a loss, may be considered as accident of accident, home remedy or traffic accident; If be,go up in the freeway when, according to the case of the animal, freeway controller may be carried duty; Other blame closes on highway when, highway management just should be not carried duty.
Relevant viewpoint originates:
" the police is common 100 execute the law fault " Zhang Yupeng compile, legal press was published 2018.
" standard of judge of case of difficulty of newest traffic accident and solid Wu are analytic " Yan Qing benefit is written, legal press 2014 publish.
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