The Research On Civil Liability Caused By Unknown Tossed Object From High Buildings

In modern society,with the increasingly intensive population and high structures,incidence of harm Cases induced by upper uncertain falling body is so high that can not be neglected by law. It is not difficult to solve the harm cases caused by decided falling object because of already having the explicit stipulation of Article 126 of general rules of civil law,but no agreement has been reached as to how to handle cases caused by upper unknown tossed object. How to safeguard the behoof of the victim becomes the topic that people concern very much. Textual writing target is to try to make a systematic study on civil liability caused by upper unknown tossed object so as to put up a better solution with the support of theoretical bases.The text has synthetically adopted kinds of research approaches,such as comparative law,sociological law,historical analytic law,to make the study through analysis on application of relative legal systems,rescue approaches of damages,theoretical bases of ascertaining liable parties and it 's concrete rules,then put forward proposals for the legislation . Concrete arrangements are as follows: As to the rescue approaches of damages. Some scholars claim that victims should get remedy by ways of social security or insurance. The writer,however,thinks although they are ideal methods,rescue approaches offered by Tort law still have the values out of reality consideration .As to the concrete rules of how householders bear the liability. the substance of bearing the liability by householders lies in sharing damages for the victim.For the sake of avoiding over - correction,firstly,the scope of householders should be restricted in the juridical practice ; Secondly,non -fault principle should be applied for and the householders certainly can be exonerated from liability if they can prove they didn't carry out such tort behavior . Again,the householders should averagely bear the liability by unit of each family . Finally,while existing some special situations,corresponding liability should be undertaken by the victim itself .As to the theoretical bases of ascertaining liable parties. It is relatively reasonable for householders within certain areas to bear the liability by means of interests balance. As developing trend of imputation principles of Tort Law is from individual oriented to social oriented,identification of civil liability prefer protecting behavior to offering compensation for victim,principles of bearing the liability by oneself,Which is the greatest theoretical obstacle to bearing the liability by innocent householders,are slowly broken . Besides,it is not a insupportable and ungrounded method for householders within certain areas to bear the liability by looking back upon the past and legislative models in other countries . This section also thinks of property management enterprise as a liable party if duties of management are not properly performed. As to the basic rules of how householders bear the liability. It points out that this kind of liability is suit to equal liability, and the reasoning method is deducing reasoning. It also analyses the contradicts of the liability undertakers.