Analysis Liability For Damage Caused By Throwing Objects

In recent years, with the buildings becoming taller and taller, there are increasing cases of damage caused by throwing objects. and the blank of the relative law is obviously exposed. Therefore, it is necessary to set up the law as soon as possible. In this thesis, I contrast the conception of liability of throwing objects from height and analyze the relative theories. Meanwhile, I review the regulation and law drafted by the CPC, and make some proposals about setting up the law of liability of throwing objects from height.In this paper, in addition to the preamble and the conclusion, and it includes the following four parts:The first part summarizes the behavior of throwing objects. Then I will explain the blank through different cases about the behavior of throwing objects and discuss the opposite opinions toward liability of throwing objects from height. This part focuses on definition of throwing objects from height supported by the scholars who agree with defining the liability of throwing objects from height. At the same time, I express my views on this problem. I will analyze the constitutions of damage caused by throwing objects which include 1,acts of victimization.2,the result of damage.3,causal relation.4, liability principle. When discussing the causal relation. I believe there are causality between the real damage and fact violations behavior which certainly can inferred from the legislative field. In discussing the liability principle, I will analyze the reason and meaning of applying the errorless principles to liability of throwing objects from height.In the second part, I will analyze and evaluate the theory on damage caused by throwing objects.Meanwhile, I will explain the similarities and differences between the conception of behavior of throwing objects,common risk behaviors,buildings liability,equitable liability. By analyzing, we can clearly realize that in the present judicial practice, there are still some problems needed to be settled down when the tribunal applied the theory of common risk behaviors,buildings liability,equitable liability to the cases of damage caused by throwing objects. Furthermore, it exposes the blank of damage caused by throwing objects in law and urges the legislative system to set up the relative law.The third part analyzes the responsibility of damage caused by throwing objects in a theoretical way. In this part, I will elaborate the main reasons why some scholars object to setting up the law of damage caused by throwing objects. However, I believe that these reasons don't make sense and it is rational to define the responsibility of damage caused by throwing objects. There are several reasons for the definition. It not only compensates and shoulders the damage, but also prevent the cause of damage. At the same time, it will help to maintain the public security, and it will help to find the real conductor. Modern tort law starts to transfer from punishing the conductors to protecting the victims, and it is a kind of trend to definitedamage caused by throwing objects in legislation. In this part, I also read and understand the law of tort law drafted by the CPC, and review the definition of throwing objects from height as liability of the thing. I think we should define liability of throwing objects from height as liability of behavior----errorless responsibility. Moreover, based on the concept of compensation, the relative owner should take the responsibility of average responsibility instead of contingent responsibility. In the end, I list the reasons of exemption of liability of throwing objects from height. they are: 1, buildings and the location of the place where the damage happen do not have the possibility of damage; 2, the owners of all the housing is impossible throwing objects; 3, it is impossible that a person has the throwing thing; 4, if we can give the real person, the other people can be disclaimer.The fourth part discusses the available strategies againstdamage caused by throwing objects. As the cases ofdamage caused by throwing objects increase, it is meaningful to prevent and minimize the damage and compensate the victims adequately. In this part, I suppose to find a way out of tort law to settle down this problem. I believe that the application of modern technology can help us to decode the information leaved on the things by throwing and find the definite conductors who violate the law both objectively and subjectively. It can discourage the potential conductor by means of fear so as to restrict behaviors of throwing objects from height. Meanwhile, it is a feasible way to aiding the victims through for dealing with the problems.