In March 2013, Ming and Xiaohua went to a small shop near their home to buy toys. On the way home, he met two big wolves from a neighbour, Zhang, who raised them without covering them or tying them up. So the scattered wolf dog attacked Ming and Xiao Hua brothers.
Ming was unfortunately bitten by a wolf dog and dragged several metres by two wolf dogs. Xiao Hua, however, was crying to go home to her mother and when she arrived, she lost her breath in the morning. And there is a red bloodline on the earth, and the two wolf dogs that hurt the human being are gone.
The biggest controversy in this case was whether Zhang ' s conduct constituted manslaughter, and one view was that Zhang, as an animal breeder, did not properly manage the pet, causing the pet to kill others, and thus constituted manslaughter. According to another view, the management of animals by animal breeders is an offence under articles 114 and 115 of the Penal Code and does not apply to manslaughter, but constitutes a dangerous offence against public safety.
In our Criminal Code, the offence of endangering public safety by dangerous means is defined as the act of endangering public safety by using other dangerous methods that are comparable to the risk of setting fire, blowing water, explosion, dropping dangerous substances, etc. The focus on whether or not to constitute a crime against public security by dangerous methods is twofold.
The first is whether the crime has reached a level sufficient to endanger public safety, which is the key to the establishment of a criminal offence against public safety by dangerous means and the most basic precondition for the establishment of a criminal offence against public safety by dangerous means.
It is clear that, in the case of Zhang, the above-mentioned conditions were fulfilled by the act of Zhang, which resulted in Ming being bitten to death, seriously endangering public safety. The fact that Ming and Xiaohua, or any one of them, are likely to be killed by a stray wolf dog means that the object of the attack is not specific and that the act can pose a threat to the life and health of a non-specified majority.
On the other hand, the crime of manslaughter, according to our Criminal Code, is defined as the act of causing the death of another person through ordinary negligence. It consists of the object element, the objective element, the subjective element and the subjective element.
The subject matter of the wrongful death was caused by overconfidence or negligence, which the perpetrator did not wish to have. The danger of endangering public safety is the hope or the favour of a certain outcome. Being the owner of a wolf dog, who knew that the wolf dog could cause harm to others, it was left out of control and control, but left out the consequences for the wolf dog, which did not meet the subjective element of the crime of manslaughter.
The tragedy that appears to have been caused by pet dogs is in fact a man-made tragedy that would not have occurred if Zhang had raised wolves in accordance with our laws and regulations. In similar cases, our laws have been adapted, for example in the new Civil Code of 2021:
A pet dog may choose to kill a dog if it bites him or threatens his life and that of others. This act is an act of emergency avoidance, without corresponding liability. In the face of violations against society, the irresistible forces of nature, animal attacks, bulls and horses, and beasts, if one side is the safety of human life and property, it is natural to choose to be human-centred.