Chang Weidong, director of Beijing Changhong Law Firm, said that if a dog bites and causes serious injury and death, whether criminal punishment should be given. Specific analysis, if the dog owner instigates the dog to attack others, then according to the relevant principles of criminal law, the dog owner constitutes an indirect principal offender, that is, at this time, the dog is only his owner's criminal tool, just like the dagger or pistol in his hand, causing casualties to others, which is directly recognized as the behavior of the dog owner. At this time, it is no problem to punish according to the criminal law.
However, if it is only because of the dog owner's poor management that the dog breaks free from the rope and goes out to bite or even kill others, although it is also harmful to society at this time, because the criminal law does not clearly stipulate this kind of behavior, according to the principle of legally prescribed punishment for a specified crime, the dog owner cannot be investigated for criminal responsibility.
Whether the above-mentioned acts should be brought into the scope of criminal law and punished through legislation. Lawyer Chang said that considering the punishment is too severe, it is difficult to define relevant behaviors in practice. At present, it is not appropriate to regulate it through criminal law.