Discuss The Liability Of Harm Caused By Objects Thrown Out Of A Building

Tort law has always been the focus of academic debate and a particular type of tort which is harm caused by objects thrown out of a building attracts more attention. Because it is a new type of damage which the offender is unknown among many persons who have chance to throw things out of buildings. With the rapid development of society, the buildings are becoming taller and taller, and the urban population is increasingly dense. There are increasing cases of damage caused by throwing objects from a high building and the people under the tall buildings have to suffer more and more attacks. The Article 87 of "Tort Law" in China with a content of "If the offender is unknown among many persons, those people who have the chance to offend is required to make compensation for the victim." shows a clear picture about how to solve these problems. But in accordance with the principle of fair, justice and the function of tort law, the new rule is not quite reasonable.In this paper, I attempt to find a way of social insurance system by the interpretation of Article 87, the law of foreign countries. There are three parts in my paper. The first part is the interpretation of Article 87 of "Tort Law" in China and a clear picture of this type of tort which differs from other damages will be shown. The second part is to discuss whether the new rule is reasonable by analyzing the foreign law and the home scholars' suggestions. The last part is to give advice to construct a social insurance system by analyzing the connection between tort law and social security as well as the feasibility of liability.