Presumption of Fault or Liability without Fault—Discussion on the Responsibility of Damage Caused by Domesticated Animals in Chinese Zoos
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Article 81 of Torts of China stipulates that animals in zoos who cause injury to people are liable for a presumption of fault. The zoo can prove “no fault” and the liability of compensation can be exempted. Compared with the no-fault liability of other subjects responsible for animal breeding, the liability is lighter and the legislative classification is not uniform. This paper makes an in-depth analysis on the shortcomings of article 81. And analyzes the rationality of applying the principle of no-fault liability. On this basis, it is proposed that no-fault liability can better realize the balance of interests between the zoo and tourists and the unification of legislation. To make it more consistent with the legislative practices of major countries in the world.
Zoo; Presumption of fault; No-fault liability