Study On Civil Liability Caused By Unknown Tossed Object From High Buildings

In the modern times, with the rising of the high building straight from the ground, At the time of achieving modern civilization, also brought us a lot of irregularities. From the ashtray event to now, the multifarious occurrence is similar to case that this kind of infringement person is unidentified everywhere. Before'infringement responsibility law' implementation, this kind of case doesn't have related law basis. In the Judge practice, judge has the different ideas about how to sentence the same cases. After December of 2009'infringement responsibility law' promulgation, the type of case eventually had the basis of assurance on the whole. Number 87 regulation rules settle:the article tossing an article from the building or sinking into from the building results in others' injuring and is hard to recognize a concrete infringement of person of, in addition to prove oneself isn't an infringement person of, from may apply the building user harming to give to compensate. Although the practice field has already judged already, I think the rules are not reasonable if we study of Legal theory. Not only on the legal theory it has impassability, and also it can't let innocent inhabitant's incapability accept on the reason, at last it generates a lot of questions.In addition to preface and conclusion, this paper is divided into four big fractions. The first part is the general description of unidentified throwing objects, which includes three sections. The first section is about several classic cases and judges with similar characteristics, inducing the subsequent demonstration of Shenzhen ashtray case and Jinan building material case. The second section is about definition of the thesis theme and the particularities of this kind of injury, which is the reason why this kind of case is so significantly regarded.The second part is generally about our country's legislation background towards this kind of cases and the scholar's theory support, including several popular doctrines. At the end of this part is my evaluation of the up-to-date doctrine. This part consists two sections. The first section concentrates on illustrating the legislation background of infringement responsibility law. The second section discusses and analyzes the injury responsibility of unidentified throwing objects, including predicting fault saying, public dangerous behavior theory, building responsibility theory, the sympathetic towards the weak protecting social public safety theory etc.The third fraction is the most important part of this paper, consisting three sections. The first section mainly analyzes the properties of injury responsibility for unidentified throwing objects. Three questions are discussed in this section. The first one is whether the injury responsibility of unidentified throwing objects is general infringement responsibility or special infringement responsibility. The second one is the principle to determine who should undertake the injury responsibility. The last one is about the responsibility of offering proof on the injury responsibility of unidentified throwing objects. The second section discusses the theory disadvantage of modern law, consisting of three parts. First, the legal theory bug of this regulation is analyzed. Second, the process shortcoming of this regulation is analyzed. The last, a series of social problems possibly induced by this regulation is illustrated. The third section lists some legal regulations of other country. The forth part is generally about the relieve paths of unidentified falling objects, which include three sections. At first, the author indicate the bugs of our laws about this kinds of cases, and then put forward some reasonable approach, the author get rid of the feasibility of the insurance and fund of relieve, and advice a new approach, that is duty of the nation. The author thinks this way is helpful and reasonable.