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随着人们生活水平的提高,近年来宠物豢养不断增多,因动物致人损害而引发的民事纠纷不断出现,这引起人们对这一特殊侵权行为的关注。虽然我国《民法通则》对此做了规定,新颁布的《侵权责任法》也对此做了补充,但在理论和实践上,对动物致人损害的责任构成、免责条件、责任主体等方面存在一定的争议。因此,本文对上述问题在理论上做进一步的探讨,并结合对两个案例的深入分析,以期能引发更深入的探讨。
With the improvement of people’s living standards, pet raising has been increasing in recent years. Civil disputes arising from the damage caused by animals continue to emerge, which arouses people’s concern about this particular infringement. Although China’s “General Principles of Civil Law” has made this provision, the newly promulgated “Tort Liability Act” has also made this supplement, but in theory and practice, the responsibility for the damage caused by animal composition, exemption conditions, the main responsibility and so on There is some controversy. Therefore, this paper further discusses the above problems theoretically and combines the two cases in-depth analysis in order to trigger more in-depth discussion.