Vehicles which run over pets, or the drivers thereof, may not actually be responsible in the eyes of the law, it turns out. That’s the result of a case study involving a lady exercising her dog which unfolded in recent days in Nanjing.
事实证明,从法律的角度来看,碾压宠物的车辆或其驾驶员实际上可能不负有责任。这是最近几天在南京发生的一起涉及一位女士遛狗的案例研究的结果。
Ms. Dai was out walking her dog on the evening on 18 September. Walking along Fuxing Jie in Nanjing’s Jiangning District, Dai had made the mistake of letting her dog roam free.
9月18日晚上,戴女士外出遛狗。走在南京市江宁区复兴街时,戴某犯了一个错误,让她的狗随意闲逛。
Her beloved pet would be left dead just a few minutes later.
几分钟后,她心爱的宠物就会死去。
Dai’s dog ran out into the road and was killed instantly by a passing car. Many might assume that the driver of the car be culpable, but as Dai learned, without the dog on a leash, she was the one to blame.
戴的狗跑到马路上,立即被一辆路过的汽车撞死。许多人可能认为汽车司机有罪,但戴了解到,如果没有用皮带拴住狗,她才是罪魁祸首。
And as it turns out, she was not only responsible for the death of her own pet. In fact, Dai could also be held to financially compensate for any repairs necessary to the car that had taken her dog’s life.
事实证明,她不仅要对自己宠物的死亡负责。事实上,戴还可能被要求对夺走她狗生命的汽车进行必要的维修提供经济补偿。
But Dai was not satisfied with the police appraisal and called the 12345 convenience hotline the following day to complain. An officer calmly quoted for her the “Opinions on Relevant Issues in the Handling of Traffic Accidents” (Su Bus [2011] No. 94).
但戴某对警方的鉴定并不满意,于次日拨打12345便民热线进行投诉。一名警察平静地为她引用了《关于处理交通事故有关问题的意见》(苏公交[2011]94号)。
Therein it is stated, “If an accident is caused by a pet dog that is not tethered or improperly handled, its owner shall bear full responsibility for the accident”.
其中规定:“因宠物狗未拴绳或者处理不当造成事故的,主人应当承担事故的全部责任”。
It’s a sobering reminder for dog owners in our city. The Nanjinger advises that dogs should display dog tags and be kept on a leash at all times when outdoors, while regulations also specify that any leash should be no longer than 1.5 metres.
这对我们城市的狗主人来说是一个发人深省的提醒。 《南京人》建议,狗狗在户外时应佩戴狗牌,并始终拴上皮带,同时法规还规定,皮带长度不得超过1.5米。
Article 24 of the “Regulations of Nanjing Municipality on the Administration of Dog Keeping” also states, “The leash shall be in the charge of a person with full civil capacity, abiding by traffic regulations and actively avoiding pedestrians and vehicles”.
《南京市养犬管理条例》第二十四条也规定,“牵引绳应当由具有完全民事行为能力的人负责,遵守交通规则,主动避让行人、车辆”。
Back to Ms Dai. The Paper reports as having been told by Jiangning Police that the car owner involved did not in the end ask Dai to compensate for any costs of repair to the car.
回到戴女士。据江宁警方了解,涉案车主最终并未要求戴某赔偿车辆修理费用。







