Due to malicious revenge, the pet dogs of others have been killed. How does this kind of thing be legal? Can the dog owner report the case? What punishment?
4 thoughts on “Due to malicious revenge, the pet dogs of others have been killed. How does this kind of thing be legal? Can the dog owner report the case? What punishment?”
Chad
From the perspective of civil law, malicious killing of others is intentional destroying the property of others and needs to bear civil liability. From the perspective of criminal law, serious suspected intentional destroying public and private property needs to be criminal responsibility. Legal analysis First of all, according to the relevant laws and regulations of civil law, pet dogs belong to real estate. Pet dogs that kill others for malicious revenge are the property that deliberately destroys others, and should bear corresponding civil liability. Under normal circumstances, the infringer needs to compensate the corresponding property loss of the infringer. The property loss here refers to the market price when the pet dog is killed. However, it is important to note that pet dogs are often specific to the infringed person. The intentional infringement of the infringer can easily cause serious mental damage to the infringer. The right to request the spiritual damage of the infringer. Secondly, from the perspective of criminal law, the current pet dogs are often expensive, and the actor deliberately kills the victim's pet out of revenge. The perpetrator constitutes the crime of deliberately destroying the public and private property and assumed the corresponding criminal responsibility. In addition, if the perpetrators kill others in a very bad way, even if the value of the pet is not rated by the criminal law to be large or huge, the behavior of the perpetrator may constitute the crime of deliberately destroying public and private property. Finally, to sum up, the civil liability that the actor should bear includes property damage compensation and mental damage compensation. The criminal liability that should be assumed may be fined, detention and imprisonment. The legal basis "The Criminal Law of the People's Republic of China" Article 275 intentionally destroyed public and private property, with a large amount or other serious circumstances. Those who are huge or other particularly severe plots are sentenced to imprisonment for three or less. "The Code of the People's Republic of China" Article 207 State, collective, private property rights and other rights holders' property rights are protected by law, and no organization or individual shall violate them. "The Code of the People's Republic of China" Article 233 If the property rights are violated, the right holder may solve the channels such as reconciliation, mediation, arbitration, and litigation. "The Code of the People's Republic of China" Article 238 of Article 238 If the property has infringed the property right and causes the owner to damage, the right holder may request damage compensation in accordance with the law, or be able to bear other civil liability according to law. 183 of the "Code of the People's Republic of China" Article 1,83 Article 1,83 In the infringement of serious mental damage caused by infringement of natural people's personal rights and interests, the infringer has the right to ask for mental damage compensation. If a specific thing that has a personal significance of a person who has a personal significance is caused by the intentional or severe loss of infringement, the infringer has the right to ask for mental damage compensation. "The Code of the People's Republic of China" Article 1,84 of Article 1,184 Evils the property of others, and the property loss is calculated according to the market price or other reasonable methods at the time of the loss.
Of course you can report the case! Otherwise, there is no king! Pet dogs do not directly stipulate in our country, but it can be considered to be private property. The maximum of killing pet dogs can be according to Article 275 of the Criminal Law: deliberately destroy public and private property, with a large amount or other serious circumstances. The following imprisonment, detention or fine; if the amount is huge or other particularly severe cases, the imprisonment of less than three years and seven years.
From the perspective of civil law, malicious killing of others is intentional destroying the property of others and needs to bear civil liability. From the perspective of criminal law, serious suspected intentional destroying public and private property needs to be criminal responsibility.
Legal analysis
First of all, according to the relevant laws and regulations of civil law, pet dogs belong to real estate. Pet dogs that kill others for malicious revenge are the property that deliberately destroys others, and should bear corresponding civil liability. Under normal circumstances, the infringer needs to compensate the corresponding property loss of the infringer. The property loss here refers to the market price when the pet dog is killed. However, it is important to note that pet dogs are often specific to the infringed person. The intentional infringement of the infringer can easily cause serious mental damage to the infringer. The right to request the spiritual damage of the infringer.
Secondly, from the perspective of criminal law, the current pet dogs are often expensive, and the actor deliberately kills the victim's pet out of revenge. The perpetrator constitutes the crime of deliberately destroying the public and private property and assumed the corresponding criminal responsibility. In addition, if the perpetrators kill others in a very bad way, even if the value of the pet is not rated by the criminal law to be large or huge, the behavior of the perpetrator may constitute the crime of deliberately destroying public and private property.
Finally, to sum up, the civil liability that the actor should bear includes property damage compensation and mental damage compensation. The criminal liability that should be assumed may be fined, detention and imprisonment.
The legal basis
"The Criminal Law of the People's Republic of China" Article 275 intentionally destroyed public and private property, with a large amount or other serious circumstances. Those who are huge or other particularly severe plots are sentenced to imprisonment for three or less.
"The Code of the People's Republic of China" Article 207 State, collective, private property rights and other rights holders' property rights are protected by law, and no organization or individual shall violate them.
"The Code of the People's Republic of China" Article 233 If the property rights are violated, the right holder may solve the channels such as reconciliation, mediation, arbitration, and litigation.
"The Code of the People's Republic of China" Article 238 of Article 238 If the property has infringed the property right and causes the owner to damage, the right holder may request damage compensation in accordance with the law, or be able to bear other civil liability according to law.
183 of the "Code of the People's Republic of China" Article 1,83 Article 1,83 In the infringement of serious mental damage caused by infringement of natural people's personal rights and interests, the infringer has the right to ask for mental damage compensation. If a specific thing that has a personal significance of a person who has a personal significance is caused by the intentional or severe loss of infringement, the infringer has the right to ask for mental damage compensation.
"The Code of the People's Republic of China" Article 1,84 of Article 1,184 Evils the property of others, and the property loss is calculated according to the market price or other reasonable methods at the time of the loss.
Of course you can report the case! Otherwise, there is no king! Pet dogs do not directly stipulate in our country, but it can be considered to be private property. The maximum of killing pet dogs can be according to Article 275 of the Criminal Law: deliberately destroy public and private property, with a large amount or other serious circumstances. The following imprisonment, detention or fine; if the amount is huge or other particularly severe cases, the imprisonment of less than three years and seven years.
It can be reported, and there are currently no laws for pets in my country, but generally to deliberately damage the property of others to conviction
There seems to be no special law, right?