The Structure Of Liability Caused By The Unsafe State Of Buildings And Structures

The liability caused by the unsafe state of buildings and structures is one of the most important parts of the tort system. which is a special infringement using presumption of fault in general principles of the civil law.Its effect is to balance between the interests of the parties. Although it is an ancient system of civil liability ,our study does not fully.As the current civil law, neither《GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA》nor relevant judicial interpretations use the title of the liability caused by the unsafe state of buildings and structures.《Tort Liability Law of the People's Republic of China》was carried out in 2010,it abandon the traditional title to use the title of"Liability for harm caused by object". It is a major feature of the tort legislation in China . At the same time, scholars have different views on the range of unsafe state of buildings and structures,liable persons and the understanding of responsibility principle in our theoretical study. This article is on the basic of the provisions of traditional civil law and I will analyze the liability caused by the unsafe state of buildings and structures from a logical point of view and value.Then, on this basis reach a value judgments of"Liability for harm caused by object"which is a hot debate for a long time .The text of this thesis includes the following sections:Introduction: Raise questions through the differences between the liability caused by the unsafe state of buildings and structures in traditional civil law theory and in《GENERAL PRINCIPLES OF THE CIVIL LAW》.Chapter 1: This section introduced the current legislation and basic theory problems of the liability caused by the unsafe state of buildings and structures of different countries,and analyzed why our country divide the unsafe state of buildings and structures into two parts---above\below ground,and why choose the title"Liability for harm caused by object"instead of the tranditional title"The liability caused by the unsafe state of buildings and structures".Chapter 2: Different countries have different opinions on the area of the unsafe buildings and structures. This section defined the area of buildings and structures by analyzing these differences. Analyze some typical unsafe buildings and structures of our country specifically and discuss whether we should lead into the title of"the unsafe state of buildings and structures".Chapter3: This section Involves two issues,one is the main liable persons. In this part there is one question that whether the liable person should unify. The other is allocation of responsibilities. While many cases are difficult to identify those liable persons, which rules should we follow to determine the liable person and analyze it .Chapter4: The liability caused by the unsafe state of buildings and structures belong the type of civil liability which should adopt special responsibility principle.In this section I will analyze which special responsibility principle our country adopted and Judge this type of legislative selection.Finally,it is the conclusion of the paper. In this section , I summarized the main ideas and conclusions of the text briefly.