Justice for Canine Citizens: A Comparison of Chinese and UK Law and Adjudication Systems in Dog Attack Cases

Abstract

Dogs occupy a special place in ancient Chinese literature; the ‘spirit dog’ was revered for its unique ability to foresee calamities and help its master avoid them. With pet dog ownership in China today close to 55 million, many are concerned at the growing population of feral, stray and abandoned dogs and ensuing attacks. In the UK, serious injuries and fatalities because of attacks by dangerous and banned dog breeds are also on the rise, leading to calls for robust controls, and harsher penalties and punishments. Given most dogs are ‘all bark and no bite’, it is suggested that a broader discussion is needed concerning the protection of non-human animal interests and what guiding principles might constitute justice for vulnerable canine communities. The authors compare UK and China’s adjudication models, owner and feeder liability, national and local policies relating to dog management and welfare, and relevant case law. A series of alternative and more effective means of framing and addressing this global phenomenon is proposed, with a primary objective being the improvement of living conditions for our most vulnerable canine citizens on both moral and legal grounds.