In December 5, 2007, Kunming's first car hit the dog dog owners court trial, the court claims 4800 yuan. The following is a dialogue between the reporter and the judge:

Reporter: the dog was killed by a car demand compensation, what is the nature of this case?

Judge: pet dog also belongs to the civil property, is a kind of special property of a citizen. In the trial, the judgment of cases, we are based on "about damage to property" in civil law.

Reporter: since it is the personal property, it can be used to adjust the "property law".

Judge: the case and the "property law" is a bit, will consider in deciding a case, but most of us on the basis of the civil law "or" in the relevant provisions about property damage.

Reporter: Recently, the Qingdao Municipal Public Security Traffic Management Department issued a traffic accident vehicle and canine opinion. "Opinions" provisions, the vehicle collision with dogs, rolling, scraping on the road, causing the dog killed or wounded case belongs to the traffic accident. This case why not to traffic accident case to handle.

Judge: Kunming currently has no provisions in this regard, nor any court in the traffic accident to hear this kind of cases. We will not by the traffic accident to qualitative case.

Reporter: by the case, to the public what?

Judge: this case although the defendant has fault, but the lawsuit also reminds people to civilization, dog. As the guardian dog, you should first try to the duty of guardianship, good care of his dog. Only do civilized dog, no matter is the dog hurt or injured dog disputes will be less.

Coincidentally --

   Not long ago, a taxi company Nanchang Master Wang to areas along the Yangtze River Road in the vehicle, a white dog suddenly across the road. Master Wang hurriedly take emergency brake, but the front wheel or the pet dogs over.

"Our drivers, see discarded on the road and ragged clothes, garbage are not over, let alone a puppy!" Master Wang said, after the accident, 110 civilian police and traffic police rushed to the scene, but did not deal with compensation field. He thinks, he did not violate traffic regulations, should not bear the responsibility. But the dog's owner insisted on compensation, said the dog he bought the property, because the Master Wang drove into a dog, which leads to his property loss, and therefore must be compensation.

Dispute at the scene after a period of time, Wang had to master took out 200 yuan settled the matter. But afterwards, Master Wang is more think more feel vexed, considered improper dog owner management, leading to the dog in the road and hit the dog wandered on accident, he should not bear the responsibility for compensation.

How to deal with the traffic police is not a

According to Wang master, was hit by a car after the dog, the police let him put the car away from the middle of the road, not to block traffic. But the dog was whether to belong to the traffic accident, the traffic police is not clearly defined, but said consultation can according to civil disputes, responsibility should be sentenced by the court.

The car hit the dog is not the traffic accident? Reporter was informed that, at present, the traffic control departments across the country that are not the same. Shijiazhuang City Public Security Traffic Management Bureau, according to the traffic accident treatment regulations: first, the car killed the dog does not belong to the traffic accident, the traffic police department can not be accepted; second, highway, national highway does not allow the dog, the dog on the roads by white bump, should not be compensation.

Shijiazhuang city traffic police brigade that, on the road traffic accident killed the dog belongs to one of the elements, because the traffic accident which is caused by a certain economic losses to the party. The dog as the owner of private property, was killed, be regarded as a kind of property loss.

Harbin city traffic police department has to explain: pet hit, belonging to the traffic accident. Since a traffic accident, so in dealing with the accident to determine the responsibility of punishment, but to see the driver has no violations of traffic safety or fault. Because the dog is cattle, not on the road right, if the accident, its owner is at fault; if the driver did not traffic safety violations or fault, the dog's owner is responsible for the relatively large liability or responsibility.

The car hit the dog refraction law blank

Around the traffic police on the dog was hit by a car that does not belong to the genus of traffic accidents are not the same, then the relevant legal provisions are clearly defined?

Nanchang is a firm of Zhou lawyers think, pet dog was not belonging to the traffic accident, does not belong to the "people's Republic of China Road Traffic Safety Law" category. He thought, "the definition of the people's Republic of China Road Traffic Safety Law" on the traffic accident: "vehicle caused by fault or accident on the road of personal injury or property loss events". That is to say, a traffic accident must have 4 elements: namely, vehicles, roads, traffic violations or fault, damage. In the case, pet dog has gone to motorized vehicles on the road. Because the dog is cattle, not on the road right, its owner to do not have the obligation of care, if the accident, the owner must bear the responsibility of the driver; if no illegal traffic safety or fault, the owner should bear the full responsibility.

However, there are lawyers think, China's "road traffic safety law" on the definition of traffic accident is -- a motorized vehicle on the road by fault or accident caused personal injury or property loss events. The dog is a life of wealth, since killed the dog, is certainly a loss of property, so as a traffic accident is the law of the. If the motor vehicle crash responsibility, hit the dog is "hit the white wall", it can not reflect the life of equality. Also for example, the dog bit the man, dog owners are liable for the custody of the, in turn, was killed by a car accident, this is a kind of unfair treatment to the animal.