The Study Of Legal Theory And Application On Remedy Liability About Personal Damage Caused By Throwing Objects From Bulidings

In recent years China's economic development is rapid,a large number of people flock to rhe city,resulting in the patten of the city skyscrapers.In the life some people always rhrow objects from the buildings and cause damage.In those cases the most typical case is:"Chong Qing Yan Hui Gang An","Ji Nan Mu Dun An","Shen Zhen Hao Lai Ju An".These cases arouse wide concern.In the past,the court dismissed the plantiffs prosecution because the defendant is uncertain.the other court let the people share responsibility.This practise can not protect the victim's interests.Article 87 in Tort Law made provision about the cases of throwing objects from buildings to cause damage.People have a negative attitude on this article.I support article 87 in Tort Law.This article fills the legal void and fills the victim's loss,achieves the social equity and justice.This article distributes the loss reasonably and promotes the harmony of the society.But Tort Law does not have such provisons:specific applications of remedy liability about personal damage caused by throwing objects from buildings.In the practise although the case is same,the judgment is different.I propose my views of specific applications of remedy liability about personal damage caused by throwing objects from bulidings based on previous view.Also I hope my views can be the the help of the trial.The first part:the definition of remedy liability about personal damage caused by throwing objects from bulidings.Firstly,I introduce the definition and the feature of remedy liability about personal damage caused by throwing objects from bulidings,also I clarify the difference between remedy liability and liability to pay compensation.Secnodly,I introduce the most typical three cases and propose my comments;Thirdly,I elaborate how the court make the judgment if the most typical three cases happen after Tort Law effects.Based on the conclusion the summary of the applications of article 87 will be proposed.The second part:the basis of remedy liability about personal damage caused by throwing objects from buildings.Firstly,I introduce the law of civil law,common law and china.The scholars have different attitude toward whether article 87 should be put.Finally Tort Law support the scholars whose ideas are in favor.Secondly,I introduce these ideas and elaborate my comments.Finally,I introduce the theory of "The thing speaks for itself".It includes the source,the content,the application,I elaborate my comment.Finally I transformation the theory and prove the rationality about theory of "The thing speaks for itself can be the base of remedy liability about personal damage caused by throwing objects from buildings.The third part:the application of remedy liability about personal damage caused by throwing objects from buildings.Firstly,I elaborate the significance of the study of the application of remedy liability about personal damage caused by throwing objects from buildings.Because we do not have uniform standards,the court use the discretion,leading the same case have different judgment.Secondly,I elaborate my comment about how to the specify the subject.It includes two angles:from physics and constitute of the subject;Thirdly,this comment is about the share of the remedy liability.The responsible subject should bear joint liability or sharing liability.Fourthly,the comment is about the range of remedy.The responsible subject undertake the direct loss or indirect loss.The responsible subject does not undertake the disability compensation.Finally,the comment is about the imputation principle and exemptions.