Original title: What are the hot searches on dog biting news, what other legal issues are worth paying attention to?
Source: Rule of Law Daily
It is said that dog biting is not news, but dog biting is news. However, recently, the “dog biting people” incident has not only become news, but also aroused strong public opinion.
On November 19th, Wang Mougang, the food and drug inspector of the comprehensive administrative law enforcement detachment of market supervision in Anyang City, Henan Province, the dog owner, finally came to the door to apologize to the victim.
It is understood that on September 20, 2021, an old man in a community in Anyang City, Henan Province was bitten by two giant poodles of Wang’s family.
After the incident, the family members of the injured elderly negotiated with Wang’s family to seek compensation for an apology many times, and even finally only asked for an apology, but no response was received. Helpless, the victim had to seek help from the local media.
During the interview and investigation, the reporter not only got a perfunctory response from “supervising” and “going through the legal process”, but was also driven away with a baton by a mysterious person, but there was no sound of apology. This matter was on the hot search, and after Wang Mou was suspended, there was finally substantial progress.
Also on November 19, in a community in Wuhan, Hubei Province, a hundred owners spontaneously spread flowers on the grass to mourn the woman Lu. It is understood that the woman who committed suicide was frightened by being chased by pet dogs in the community, and had disputes with several dog owners after being reported by the owners group. After that, the conflict continued and escalated until it led to tragedy. A neighbor said that he had seen Lu was beaten with a long club by the dog owner downstairs. The owners wanted to express their dissatisfaction with the problem of dog harassment in the community while coming to mourn the seventh day of Lu’s fall. At present, the family members have submitted relevant information to the police and formally reported the case.
In recent years, there have been too many disputes due to dog problems, and the extreme cases caused by it are even more shocking: In June 2018, a man in Jiangning, Nanjing, Jiangsu saw a two-year-old child bitten by a teddy dog, and he was angry with the dog. He fell to death, was involved in the whirlpool of cyber violence, and his family was subjected to cyber violence. The huge sense of fear made his wife unbearable and chose to cut her wrists to “pay for the dog’s life”; in August 2017, Ms. Deng from Sichuan was beaten by neighbors for walking her dog because she was not tied to a rope; in May 2016, a community in Chengdu, Sichuan Province was raising a dog Disputes over the issue caused hundreds of people to gather for confrontation…
Although the above are all extreme cases, they all show that handling the dog-raising problem is related to the long-term stability of the city and the stability and harmony of the society, and it must be taken seriously.
Legally speaking, how to treat dog biting behavior? What compensation can the victim get? How should victims defend their rights? Lin Tao, a post judge of the First Civil Division of the People’s Court of Xicheng District, Beijing, gave a detailed explanation.
How can dogs be held responsible for biting people?
Lin Tao: Articles 1,245, 1,247, and 1,250 of the Civil Code of our country have detailed provisions.
If it is a small animal allowed by the local government, such as a puppy with a dog certificate and vaccinated. This kind of puppy bites others, and as a breeder, he must be liable for compensation. However, if the breeder can prove that the victim has a major fault, such as the victim beckoning cats and dogs, smashing small animals with stones, kicking and frightening small animals, causing small animals to be scratched or bitten in agitated state, the breeding can be reduced. Human responsibility.
If it is to raise a banned dog, and the victim is bitten and injured, the breeder must bear the responsibility. In this case, there is no reason to reduce the responsibility.
In another case, if the owner abandons the pet, the owner should also be responsible for the damage caused by the pet during the abandonment period. And because of the fault of a third person, one’s pet caused damage to others. For example, when Li Si took Wang Er’s dog and bit Zhang San, Zhang San could request Wang Er’s compensation or Li Si’s compensation after Wang Er’s compensation. , Can recover from Li Si.
What compensation can the victim get?
Lin Tao: If the victim was bitten, he can ask the pet owner to pay for medical expenses, lost work expenses, transportation expenses, etc. In addition, many victims who are bitten by large dogs will have stress responses such as panic and depression, and may also have a certain psychological shadow. If the victim asks for compensation for mental damage or an apology, it is in compliance with relevant laws. The stipulations will be supported. If some dogs are not vaccinated against rabies in accordance with the regulations, the psychological shadow on the victim may be very large. Although there is no illness at this time, the victim should consider retaining the right to follow-up compensation.
How should victims defend their rights?
Lin Tao: After being assaulted by another person’s pet, you should immediately call the police on the spot and collect some video evidence to confirm that you were bitten by the dog. When attending a hospital, you should keep a good medical record and a list of medical expenses. You can also collect surveillance video evidence afterwards to prove the process of being infringed, so that you can protect your rights through legal channels in a timely and effective manner.
How can an ordinary civil dispute develop into a public incident? Taking the case of Anyang, Henan Province as an example, many issues worthy of consideration have been exposed.
First of all, why does the infringer Wang Mougang take the attitude of not taking the initiative, not making a statement, not being responsible, and not being liable? It is an ordinary civil dispute in itself. The video shows clearly that the dog bit someone, and the problem can be solved by apologizing and compensation, but it has been delayed. Moreover, Wang Mougang is still a public official, who should have a strong sense of the rule of law. Why in the face of legal facts, ignoring the law, refusing to apologize, interfering with the investigation, and even after the unit leaders have talked many times, there is still no intention to repent?
According to Article 40 of the Law of the People’s Republic of China on Disciplinary Measures for Public Officials: Violation of public order and good customs, improper behavior in public places, causing adverse effects, or “other serious violations of family virtues or social ethics” shall be given Warnings, demerits, or major demerits; if the circumstances are serious, they shall be demoted or dismissed; if the circumstances are serious, they shall be expelled. Wang Mougang has now been suspended, which also profoundly shows that as a public official, violations of social morality will also be dealt with.
Secondly, do the relevant departments take the initiative? Because the infringed person did not receive timely and effective compensation, he went to the neighborhood committee, the urban dog management department, and the infringer’s unit to defend their rights. However, these departments and units all shirk each other’s actions, leaving the infringed in the dilemma of difficulty in protecting their rights. It is said that the masses are not trivial. Is this really not the responsibility of the department?
Third, is the law enforcement strictly in place? In accordance with the relevant laws and regulations on dog raising in local provinces and cities, sturdy dogs and large dogs are forbidden in the property management area. Walk the dog outdoors. Even under the guise of a psychological counseling dog, it is difficult to explain the fact that the dog owner is walking two large dogs. This exposes the status quo of the law enforcement’s failure to strictly enforce the law and the flagrant violation of the law. In addition, who in Wang’s family needs canine counseling for psychological problems? Need two dogs to help with psychological problems? These suspicions are subject to further investigation by the official to give accurate conclusions.
Fourth, has the legal remedy played its due role? If there is a violation of the law, there will be investigation, and if there is a right, there will be relief. As long as the relief channels are strong, the rule of law can always achieve a benign closed loop. In this incident, even if the media intervened, the rights holders were trapped in the embarrassing situation of “calling the land should not work every day, and calling the land unsound”. They had sought out neighborhood committees, urban dog-raising management departments and other units, but no results were achieved.
What is right or wrong about a dog biting a person is not difficult to judge if there is a video; whether there is illegal dog keeping, there are regulations at a glance. Although all parties involved seem to have their own opinions, people can feel that the attitudes and behaviors of yes, inaction and inaction have turned an ordinary civil dispute into a “big event” of concern to the whole people.
Starting from “dog biting people into news”, we must not only pay attention to how specific incidents are ultimately resolved, but also pay attention to the rule of law behind them. It is hoped that this incident will become an opportunity for relevant departments and personnel to reflect on. In the future work, we will truly use rule of law thinking and methods to solve various problems in social governance.
What needs to be emphasized is that raising a dog in a civilized manner is not a “small family” matter, but it is actually a “everyone” matter related to the residents’ sense of security and happiness. To control uncivilized dog breeding, we must fully mobilize all aspects of society on the basis of governance by government functional departments, strengthen publicity and education, improve citizens’ awareness of the rule of law, civilization, and public ethics, and guide citizens to consciously abide by the law.
When pet owners strictly abide by legal boundaries, uncivilized dogs can also be managed from the source.