恶犬致人伤亡案件中管理人的刑事责任研究
Study on the Criminal Liability of Handlers in Cases of Injuries and Deaths Caused by Vicious Dogs

近年来我国恶犬致人严重伤亡案件频发，但司法实践往往以犬只具有自发性为由否定了其管理人的刑事责任。然而管理人的行为并非仅限于其在犬只伤人时的行为举止，更在于其在事前履行看管和注意义务的情况，以及事后是否及时采取了有效约束措施。若经对上述因素进行评判，实践中多数恶犬致人严重伤亡案件中的管理人都将面临构成犯罪被追究刑事责任的可能。同时，管理人明知犬只存在危险性却仍不加以约束的行为已经构成了间接故意，但实践中尚无一例管理人被追究故意犯罪责任的案件，均为过失性犯罪，如此在较大程度上纵容了民众危险养犬的行为，不易于维护社会公众的生命安全及公共秩序。同时，英、法、美等国家在追究恶犬致人伤亡案件中管理人责任时都较为严格，在判定管理人是否应当承担刑事责任时，并不要求管理人主观必须存在过错。综上所述，提出改变我国普遍追究管理人民事责任和仅追究刑事过失责任司法现状的建议具有合理性与可行性。
In recent years, there have been frequent cases of serious injury and death caused by vicious dogs in China, but judicial practice has often denied the criminal liability of their handlers on the grounds that the dogs are spontaneous. However, the behaviour of the handler is not limited to the behaviour of the dog at the time of injury, but also lies in the fulfilment of the duty of care and attention beforehand, and whether the handler has taken timely and effective restraining measures after the incident. If the above factors are assessed, the handlers in most cases of serious injury or death caused by vicious dogs in practice will face the possibility of being held criminally liable for committing an offence. At the same time, the manager knows that the dog is dangerous but still does not restrain the behaviour has constituted indirect intent, but in practice there is no case of the manager being held responsible for intentional criminal liability, are all negligent crimes, which to a greater extent condones the people’s behaviour of dangerous dog breeding, is not easy to safeguard the life safety of the public and public order. At the same time, the United Kingdom, France, the United States and other countries are strict in investigating the responsibility of the administrator in the case of human casualties caused by vicious dogs. When determining whether the administrator should bear criminal responsibility, it does not require that the administrator must be subjectively at fault. In summary, it is reasonable and feasible to put forward suggestions to change the judicial status quo of generally investigating the civil liability of managers and only investigating criminal negligence liability in China.