Recently, the case of a two-year-old girl being bitten by a dog in Chengdu has attracted wide attention。Yangtze River news special report on this。
It is understood that things happened at about 8 a.m. on the 16th, a two-minute online video showed that on the grass downstairs in the community, a large black dog suddenly attacked a girl, for more than 40 seconds。Before that, the black dog had been walking downstairs for about 1 minute, during which time the owner did not appear。In the video, the girl's family tried to protect the child with their bodies, but the black dog bit the child several times and kept dragging, and then drove the black dog away with the help of a cleaning aunt and another man。After diagnosis, the 2-year-old girl had more than 20 bite wounds all over her body, the longest wound was 8 centimeters, the right kidney was rubbed and the right rib was fractured。After full treatment, the girl's vital signs are stable。After the incident, topics such as large dogs being released and owners walking their dogs without a leash have also sparked heated discussions。
At present, the police have filed an investigation of the incident, and the owner of the black Norwegian dog Tang has taken criminal coercive measures according to law, and the case is under further investigation。Why a criminal measure？Hubei Luojia Law firm lawyer Li Dong was invited by Changjiang News column to interpret the relevant legal details。
Li Dong lawyer analysis talk, if the girl's degree of injury reached more than serious injury, Tang Mou in addition to bear civil tort liability, but also may need to bear criminal responsibility。The dog owner may be suspected of negligent endangering public safety by dangerous means。According to the provisions of Article 115 of the Criminal Law, whoever sets fire, breaks water, explodes or releases toxic or radioactive infectious agents or other dangerous means that cause serious injury or death to another person or heavy losses to the property of the company shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death。Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years。If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention。Because the location of this case is a public place in the community, the dog owner's behavior endangers public security, so it is suspected of constituting negligence and endangering public security by dangerous methods, which can be sentenced to a maximum of 7 years in prison。
According to the provisions of the Law on Penalties for the Administration of Public Security, those who raise animals to disturb the normal life of others, fail to correct after being given a warning, or allow animals to intimidate others, shall be fined between 200 yuan and 500 yuan。Whoever drives an animal to harm another person shall be punished in accordance with the relevant provisions。
How to minimize the occurrence of fiery dog injury incidents？Lawyer Li Dong also gave relevant suggestions - in addition to increasing publicity efforts, public area officials, urban management departments and dog owners themselves should take measures to fulfill their legal obligations and social responsibilities。For the occurrence of raising dogs in the community, the property shall promptly report to the public security and take corresponding measures, if the property does not take effective measures in time, in violation of the security obligations, resulting in injury to the owner, the property shall bear the corresponding civil liability for compensation。Dog owners should also do the following: First, to apply for a dog license and related certificates for the dog, to give the dog a legal identity。Second, get your dog vaccinated。Third, when walking the dog, it is necessary to hold the dog's chain to prevent the dog from getting lost and biting。Fourth, stop your dog from barking late at night or early in the morning to avoid interfering with the normal life of others。
Introduction of Lawyer Li Dong
李栋，男，Hubei Luojia law firm full-time lawyer，Master of Laws, Wuhan University，During the practice period, he provided legal counsel services for Hubei Radio and Television Station, Hubei Provincial People's Hospital, Wuhan University Stomatology Hospital, Wuhan Hannan District People's Hospital, Hubei Provincial Jihan Project Administration Bureau and other units，Wuhan Hongshan District People's Court invited special mediator。During the practice, he handled hundreds of cases, and was good at medical damage liability disputes, traffic accident personal damage compensation, marriage and inheritance disputes, private lending disputes, construction contract disputes and other types of cases。He has extensive experience in litigation and negotiation in both civil and criminal fields。