On Responsibility Caused By Building Unknown Sinkers

From Roman law, law always adjusts the situation that author of the injury does not actively acknowledge and bear the responsibility, that the article 87 of our country "tort liability law" cause so much repercussions and dispute deserves reflection. From "high parabolic" intuitive idea, the concept in China's paper appears "brilliant hues," the using of "sinkers" or "fall objects" concept is more accuracy. Tort liability law series clearly set buildings unknown sinkers causing person damage rule, but the academic circles remain major differences. Traditional analysis tools of defective or defect make buildings unknown sinkers inflictions met on the obstacles of interpretation, and the problem reasonable solving could become tort law one of new mission. The tort liability law the 87 eventually become law in the furious controversy, that there will be its justification.Our country building unknown sinkers causing person damage rules directly impact the traditional tort law tort and imputation position, and these is not the unified view about it can apply things. The legal system construction is concerned, the insufficient of liability insurance system and the social security system is a important condition that building unknown sinkers causing person damage rules can be regulated in tort law. The "unknown" in unknown sinkers inflictions is unknown in the law, not social real life does not exist injures, related subject moral level to this policy applies has important influence. To buildings unknown sinkers inflictions caused, there is still some shortcomings at present paper, is necessary in further analysis. The concept of tort law function changes in this paper refers to the tort law function how the practice and the needs of society gradually adjusting scope and depth, how to never accord with theory, imperfect towards correspondence theory and perfect. Tort damage transfer function and damage scattered function have bigger difference in society different development stages, since they wade the interests of all parties game and resource allocation, and in our country it disappear damage scattered trend. The reason of the change about tort law fill function, have civil law take the social benefit as the primary consideration of the elements, also have compensation system requirements for the development, is around "should not let the victim from bear loss" legal and make the rules change. China's indemnication standard does not impose subjects any moral or legal responsibility, compensation standard and indemnication standard for in regulating purport, legal assessment, legal significance and the social value of kinds of differences, are two kind of different specifications. On social function, the tort liability law the 87 law is perfect in technology using. Principal responsibility of building unknown sinkers inflictions is user. Building causing harm responsibility and building unknown sinkers inflictions in our tort law are clearly distinguished, which is suitable for various rules and different principles. Responsibility presumption in the tort liability law the 87 is a correspondence to tort law function change, accord with substantial justice requirements, embody modern torts is to fill the victim for the important mission of characteristics.Our country building unknown sinkers inflictions rules contains care, bear the social certain stages of special task, which will eventually be regulated in liability insurance or other social relief system.