5 thoughts on “Do you want to bear legal responsibility when you hit a dog?”
Olga
Take legal responsibilities. If it is a dog that deliberately drove to others, this is the behavior that deliberately damaged the property of others and constitutes infringement, and it should bear civil liability. If the value of this dog reaches more than 5,000 yuan and is suspected of intentionally damaging the crime of others' property, it is necessary to bear criminal liability for criminal liability Essence If the law has other other provisions, it shall be in accordance with its regulations. Legal analysis If it is a dog who has been driving over to others. Secondly, in accordance with the Road Traffic Safety Law, animals should be trapped by the owner on the road. The owner responded to the chickens to circle, and the chickens walked randomly on the road, obviously not in compliance with animal management regulations. From the perspective of civil law, as the private property of the owner, animals are obliged to take care of it. Therefore, animals that have been killed and injured when motor vehicles are driving normally, and they should not bear responsibility. Dogs are objects, not people. If they escape after they are killed, of course, they are suspected of crime. When you hit the dog, the dog's owner did not restrict the dog. The dog owner had fault. In fact, see if there is any fault in the vehicle. If the vehicle is driving normally on the road, the dog suddenly runs on the road, and the driver is not responsible. In the case of accidents in violation of traffic regulations, dogs are legally defined as property. As long as it is not scarce and expensive varieties, it is not possible to compensate for more than 300,000 or more. Criminal responsibility. The laws are based on "The Criminal Law of the People's Republic of China" Article 133 violates the regulations of transportation management, and a major accident occurs, causing serious injuries, death, or suffering from public and private property. If a period of imprisonment or detention is below the year; those who have escaped after the accident or have other particularly bad circumstances, and they are sentenced to three years of imprisonment for three years and seven years. Article 133 Driving a motor vehicle on the road and one of the following circumstances will be detained and a fine: (1) chasing the competition, the circumstances are bad; (2) drunk driving motor vehicles; (3) Entering school bus business or passenger transportation, which seriously exceeds the rated passenger carrier, or severely exceeds the prescribed speed; If the owner of the motor vehicle and the manager is directly responsible for the third and fourth behaviors of the preceding paragraph, it shall be punished in accordance with the provisions of the previous paragraph. For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment. Article 133 The driver of public transport during driving uses violence or controls the driver's manipulation device to interfere with the normal driving of public transport and endanger public safety. , Paunter or single fine. Drivers stipulated in the preceding paragraph are good at leaving their duties on public transportation and fighting with others or beating others. Those who endanger public safety shall be punished in accordance with the provisions of the previous paragraph. For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment.
According to the relevant provisions of the "Road Traffic Accident Handling Procedures", vehicles crashing animals do not belong to traffic accidents. In addition, animals are not allowed on highways and national roads. When encountering such cases, the traffic police department generally does not establish a case. Secondly, in accordance with the "Road Traffic Safety Law", animals should be trapped by the owner on the road. The owner responded to the chickens to circle, and the chickens walked randomly on the road, obviously not in compliance with animal management regulations. From the perspective of civil law, as the private property of the owner, animals are obliged to take care of it. Therefore, animals that have been killed and injured when motor vehicles are driving normally, and they should not bear responsibility. Small animals have no right to live in a legal sense, and they only look at property as property. Analysis of legal issues should be transformed into some advanced nature, such as the transformation of facts into legal facts, causal relationships into legal causal relationships, and the relationship between things into legal relationships. We can analyze, and the facts, relationships, cause and effects we usually perceive are not all legal levels, so it will cause many misunderstandings. Extended information: Article 127 of the General Principles of the Civil Law stipulates that if the animal breed causes damage to others, the animal breeder or manager shall bear civil liability. Responsibility; if the third party's fault is damaged, the third party shall bear civil liability. If the animal breeder or manager of the "Infringement Law" causes others to be damaged, the animal breeder or manager shall bear the infringement liability, but it can prove that the damage is caused by the intention of the infringer. Essence From the perspective of this article, the principle of liability for animal infringement in my country is the principle of no fault liability. This article shows that if the victim is intentional, it is exempted from the responsibility of animal breeders or managers. If it is a major negligence, it will reduce the responsibility of animal breeders or managers. If it causes damage to the feeding behavior of domesticated animals, the victim is a major negligence, and domestic animals are generally overwhelming.
Pay content for time limit to check for freenAnswer Hello, I am a cooperative lawyer of Baidu Consulting. I have received your problem. There are more people who are consulting at present. Please wait for two minutes. Kiss, you are helping you solve the problem.nAccording to the relevant provisions of the "Road Traffic Accident Handling Procedures", vehicles crashing animals do not belong to traffic accidents. In addition, animals are not allowed on highways and national roads. When encountering such cases, the traffic police department generally does not establish a case.nSecondly, in accordance with the "Road Traffic Safety Law", animals should be trapped by the owner on the road. The owner responded to the chickens to circle, and the chickens walked randomly on the road, obviously not in compliance with animal management regulations. From the perspective of civil law, as the private property of the owner, animals are obliged to take care of it. Therefore, animals that have been killed and injured when motor vehicles are driving normally, and they should not bear responsibility. Small animals have no right to live in a legal sense, and they only look at property as property.nGenerally, the dog is killed or injured, and the vehicle is damaged. The personal property of the dog as the owner should be injured or killed. At the same time, the accident sometimes causes casualties of the vehicle. Therefore, the "car crashing dog" accident meets the constituent elements of traffic accidents and should be a "traffic accident".nArticle 45 of the "Regulations on Road Traffic Accident Handling Procedures" also make specific regulations. The responsibility for the "car hit the dog" traffic accident is to analyze the severity of the behavior of the vehicle driver and the dog owner on the accident or error.n3 morenBleak
It is necessary to distinguish whether a dog or a wild dog, such as the family dog, which belongs to the owner's property. The driver is considered to destroy the property, and the escape may constitute an escape. Whether to meet the standard for file. [Legal basis] "The Criminal Law of the People's Republic of China" 1133 violations of transportation management regulations, and major accidents occur, causing serious injuries, death or public and private property suffering. For major losses, in prison or detention of less than three years; those who escape after the transportation or other particularly harsh plots will be sentenced to three years and seven years in prison; those who die due to escape will be sentenced to more than seven years in prison.
Hello, I am very happy to answer your questions, The question is This driving to kill dogs should you bear legal responsibility? Inded this situation to judge? If it is a wild dog On homeless dog. So there is basically no legal responsibility. If there is a owner's dog, some people are raised, then they must bear certain legal responsibilities. but how big the responsibility is, It this is best to ask the traffic police department to come to determine, because of traffic accident liability identification I can only be issued by the traffic police department.
Take legal responsibilities. If it is a dog that deliberately drove to others, this is the behavior that deliberately damaged the property of others and constitutes infringement, and it should bear civil liability. If the value of this dog reaches more than 5,000 yuan and is suspected of intentionally damaging the crime of others' property, it is necessary to bear criminal liability for criminal liability Essence If the law has other other provisions, it shall be in accordance with its regulations.
Legal analysis
If it is a dog who has been driving over to others. Secondly, in accordance with the Road Traffic Safety Law, animals should be trapped by the owner on the road. The owner responded to the chickens to circle, and the chickens walked randomly on the road, obviously not in compliance with animal management regulations. From the perspective of civil law, as the private property of the owner, animals are obliged to take care of it. Therefore, animals that have been killed and injured when motor vehicles are driving normally, and they should not bear responsibility. Dogs are objects, not people. If they escape after they are killed, of course, they are suspected of crime. When you hit the dog, the dog's owner did not restrict the dog. The dog owner had fault. In fact, see if there is any fault in the vehicle. If the vehicle is driving normally on the road, the dog suddenly runs on the road, and the driver is not responsible. In the case of accidents in violation of traffic regulations, dogs are legally defined as property. As long as it is not scarce and expensive varieties, it is not possible to compensate for more than 300,000 or more. Criminal responsibility.
The laws are based on
"The Criminal Law of the People's Republic of China" Article 133 violates the regulations of transportation management, and a major accident occurs, causing serious injuries, death, or suffering from public and private property. If a period of imprisonment or detention is below the year; those who have escaped after the accident or have other particularly bad circumstances, and they are sentenced to three years of imprisonment for three years and seven years. Article 133 Driving a motor vehicle on the road and one of the following circumstances will be detained and a fine: (1) chasing the competition, the circumstances are bad; (2) drunk driving motor vehicles; (3) Entering school bus business or passenger transportation, which seriously exceeds the rated passenger carrier, or severely exceeds the prescribed speed; If the owner of the motor vehicle and the manager is directly responsible for the third and fourth behaviors of the preceding paragraph, it shall be punished in accordance with the provisions of the previous paragraph. For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment. Article 133 The driver of public transport during driving uses violence or controls the driver's manipulation device to interfere with the normal driving of public transport and endanger public safety. , Paunter or single fine. Drivers stipulated in the preceding paragraph are good at leaving their duties on public transportation and fighting with others or beating others. Those who endanger public safety shall be punished in accordance with the provisions of the previous paragraph. For the first two acts, and at the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment.
According to the relevant provisions of the "Road Traffic Accident Handling Procedures", vehicles crashing animals do not belong to traffic accidents. In addition, animals are not allowed on highways and national roads. When encountering such cases, the traffic police department generally does not establish a case. Secondly, in accordance with the "Road Traffic Safety Law", animals should be trapped by the owner on the road. The owner responded to the chickens to circle, and the chickens walked randomly on the road, obviously not in compliance with animal management regulations. From the perspective of civil law, as the private property of the owner, animals are obliged to take care of it. Therefore, animals that have been killed and injured when motor vehicles are driving normally, and they should not bear responsibility. Small animals have no right to live in a legal sense, and they only look at property as property. Analysis of legal issues should be transformed into some advanced nature, such as the transformation of facts into legal facts, causal relationships into legal causal relationships, and the relationship between things into legal relationships. We can analyze, and the facts, relationships, cause and effects we usually perceive are not all legal levels, so it will cause many misunderstandings. Extended information: Article 127 of the General Principles of the Civil Law stipulates that if the animal breed causes damage to others, the animal breeder or manager shall bear civil liability. Responsibility; if the third party's fault is damaged, the third party shall bear civil liability. If the animal breeder or manager of the "Infringement Law" causes others to be damaged, the animal breeder or manager shall bear the infringement liability, but it can prove that the damage is caused by the intention of the infringer. Essence From the perspective of this article, the principle of liability for animal infringement in my country is the principle of no fault liability. This article shows that if the victim is intentional, it is exempted from the responsibility of animal breeders or managers. If it is a major negligence, it will reduce the responsibility of animal breeders or managers. If it causes damage to the feeding behavior of domesticated animals, the victim is a major negligence, and domestic animals are generally overwhelming.
Pay content for time limit to check for freenAnswer Hello, I am a cooperative lawyer of Baidu Consulting. I have received your problem. There are more people who are consulting at present. Please wait for two minutes. Kiss, you are helping you solve the problem.nAccording to the relevant provisions of the "Road Traffic Accident Handling Procedures", vehicles crashing animals do not belong to traffic accidents. In addition, animals are not allowed on highways and national roads. When encountering such cases, the traffic police department generally does not establish a case.nSecondly, in accordance with the "Road Traffic Safety Law", animals should be trapped by the owner on the road. The owner responded to the chickens to circle, and the chickens walked randomly on the road, obviously not in compliance with animal management regulations. From the perspective of civil law, as the private property of the owner, animals are obliged to take care of it. Therefore, animals that have been killed and injured when motor vehicles are driving normally, and they should not bear responsibility. Small animals have no right to live in a legal sense, and they only look at property as property.nGenerally, the dog is killed or injured, and the vehicle is damaged. The personal property of the dog as the owner should be injured or killed. At the same time, the accident sometimes causes casualties of the vehicle. Therefore, the "car crashing dog" accident meets the constituent elements of traffic accidents and should be a "traffic accident".nArticle 45 of the "Regulations on Road Traffic Accident Handling Procedures" also make specific regulations. The responsibility for the "car hit the dog" traffic accident is to analyze the severity of the behavior of the vehicle driver and the dog owner on the accident or error.n3 morenBleak
It is necessary to distinguish whether a dog or a wild dog, such as the family dog, which belongs to the owner's property. The driver is considered to destroy the property, and the escape may constitute an escape. Whether to meet the standard for file.
[Legal basis]
"The Criminal Law of the People's Republic of China"
1133 violations of transportation management regulations, and major accidents occur, causing serious injuries, death or public and private property suffering. For major losses, in prison or detention of less than three years; those who escape after the transportation or other particularly harsh plots will be sentenced to three years and seven years in prison; those who die due to escape will be sentenced to more than seven years in prison.
Hello,
I am very happy to answer your questions,
The question is
This driving to kill dogs
should you bear legal responsibility?
Inded this situation to judge?
If it is a wild dog
On homeless dog.
So there is basically no legal responsibility.
If there is a owner's dog, some people are raised, then they must bear certain legal responsibilities.
but how big the responsibility is,
It this is best to ask the traffic police department to come to determine,
because of traffic accident liability identification
I can only be issued by the traffic police department.