The Research On The Responsibility Of Personal Damage Caused By Throwing Objects From Building

The discussion on the responsibility of personal damage caused by throwing objects from building have never stopped just because of the promulgation and implementation of the Tort Liability Act. Scholars who are against the personal damage responsibility point two perspectives after the implementation of the Tort Liability Act. Part of the scholars hold "restrictive interpretation" viewpoint. They think the Tort Liability Law 87 set express criterion on the responsibility of personal damage caused by throwing objects from building. Some legislate controversial on it should finished and the explanation, discussion begin. Meanwhile, articles should be written to push publishment of judicial explanation to explain its appliance restrictively. Finally this law will turn empty talk due to it can not satisfy with conditions. While others hold the"modification of legislation to delete", they thought the item 87 of the Tort Liability Law should be deleted, because it neither consistent with the responsibility principle and the basic principle of the Tort Liability Law nor embody fairness and justice. All dispute concentrate on how to balance the benefit between victim who is demanded by the objects thrown from building and the majority innocents. The problem of damage responsibility distribution will be solved as the disputation resolve. This article is divided into four chapters to analyze and discuss this question deeply .In preface, author expound the research purpose and significance on damage responsibility caused by objects thrown form building, the current study state of home and abroad and the author's innovations on this questions.Chapter one, clears the definition of damage caused by objects thrown from building, introduces the characteristics of this behavior and made a comparison of the similar laws. At the same time review its development in china.Chapter two discusses the legal principle, responsible principle and responsible component of establishment of damage responsible. On this basis, author rejected the legislative grounds and the applied responsible principle one by one, then get a conclusion that it is unfair that the building user take the damage compensation responsibility when the real infringer can not be found. It will arouse more injustice, If maintain a few interests of people need to harm the majority's.Chapter three. From judicial point of view, author analysis the problems may happen in the implementation progress of the damage responsible which is caused by throwing objects from building. After implementation of this law, many more new possible problems arise accordingly will be more complicated than the current ones.Chapter four is the emphasis of this paper. To relieve the victims who are damaged by the objects thrown from building, the following should be done. Firstly, the efforts to search the real infringer should be strengthen. List the damage caused by objects thrown from building in the catalogue of criminal offence. And set up special organization, install cameral around of the building, combine prevention with control to stop these problems happen again.Second, a compulsory insurance system should be established and the victim should be help timely. At last, the Social security system is indispensable in term of victims'relief, which is the most fundamental.Tort Liability Act is not a panacea, not all the damages can resort to it for relief. In china the diversified victim relief mechanism including Tort liability, liability insurance and social security system should be established. The victims who are damaged by objects thrown form building are relieved by Tort Liability Act, which is against the Act's basic principle and the Law injustice. It should be list in the catalogue of criminal offence and strengthen efforts to search infringers.In term of civil compensation, the victims'relief can be realized completely through insurance and social security system.