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The Research About Infringement Of Unknown Objects Thrown Or Fell From Buildings

Posted on:2012-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:K WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The infringement of unknown objects thrown or fell from buildings is known as a special tort infringement in our country, this kind of infringement occurred several times during Chinese judging history, but different court always used different standards to judge the similar cases, until 2010.7.1, the new <> was in use, the article 87th is a new standard to handle the infringement case caused by unknown objects threw or fell from buildings. But some problems with the article 87th exist still.This paper is divided into 5 chapters.In chapter 1, three cases and different theories before the new law in use was summarized. It is clear that what the foundation was in different times and in different courts.In chapter 2, the paper analyzes article 87th and point out that the liability of building users coming from"self-testify duty", and this duty caused by the law maker who tries to balance the value of liberty, public safety and equality.In chapter 3, the paper analyzes cases in America and the principle of collective liability in American tort law.In chapter 4, the paper compares the differences between Chinese tort law and American tort law, and then analyzes the causes behind these differences.In chapter 5,the author offers the idea about how should the liability of the infringement of unknown objects threw or fell from buildings develop, the author consider that the law should protect the liberty value from infringement of other values.
Keywords/Search Tags:Unknown objects thrown or fell from buildings, Collective liability, Presumption of fault principle
PDF Full Text Request
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