On Liability For Tort Of Unknown Inflictors

Tort of unknown inflictors is a kind of special infringement shape. When the inflictor is unidentified, whether the victim can obtain the legal relief, and how his loses can be shared, etc. has not been explicitly stipulated in our existing laws and other regulations. If according to the traditional tort theory, the victim is unable to obtain compensation. But in the modern society, along with the avalanche of some new infringement shapes, the development and the transformation of function of the tort law system, modern tort law pays more attention to the compensation to the victims, all of which provide for the idea support for the compensation for the tort of unknown inflictors without doubt. Regarding the liability for tort of unknown inflictors, the article mainly researches on two types—joint dangerous conduct and the conduct of unknown throwing object from high-rise buildings—the criterion of civil liability, the cognizance of liability for tort and the compensation ect.The whole article altogether divides into five parts:The first part, definite the tort conduct of unknown inflictors and expatiate the reasons, points out two kinds of tort conduct pays attention to "the indetermination of the inflictors", and through comparatively analyses the similarities and differences with the tort of unknown inflictors and the torts of several people without intentional contact, the falling of the building placement, suspender, dissertates the legal characteristic of tort of unknown inflictors: unknown inflictors, without contact of the conductors and the integrity of liability.The second part, mainly from the legal principle theory analyzes the rationality of the establishment of the regulation of damage compensation of tort of unknown inflictors, discusses to establish this rule is not only the inner requirement of the transformation the idea of law, but also the value measures of security interest and liberty interest, and points out its compensation liability is collective responsibility in essence, and in the relief rule concentrates on the protection of the weak one.The third part, analyses the composing important document of liability for tort of unknown inflictors, points out in this special tort conduct, once the damage face exists, to cognizance the subjective condition of liability body should be adopted with impersonal recklessness criterion, in which makes no specific request to the illegality of the behavior, but the causal relation estimated as putative causal relation.The fourth part, starts with the important status of the criterion of tort law, mainly expatiate the offence deducting principle and its application of law, and through the comparisons of application to the criterion of the two kinds of tort unknown inflictors, discriminates and corrects some scholastic standpoints and reviews overseas involved legislation and the criterion applied in representative cases, and determines the criterion sustained by the article: the offence deducting principle.The fifth part, combines some relative law and regulations, analyses the obligation body, compensation bound, liability forms of tort conduct of damage compensation, demonstrates in the tort of unknown obligation body should be the colony in some range, only to demonstrate the liability without fault should not be exempted from liability; In allusion to compensation range and liability form, collective dangerous act should compensate for the personal injury, estate injury and genius injury, every inflictorss should bear the joint responsibility, who average the losing; In the conduct of unknown throwing object from high-rise buildings, only requires the liability body compensate for the personal injury and its genius injury, and every liability should take the share responsibility to compensate, and among the conductors there are no inner asks to recompense.