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Thinking Of Jointly And Severally Liable Infringement About High-rise Buildings Tossing

Posted on:2009-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:S N GuanFull Text:PDF
GTID:2166360248952283Subject:Law
Abstract/Summary:PDF Full Text Request
From the Second World War, the continuous emergence of new types of infringement on the inherent law of tort liability system formation of the impact of liability principles emerged diversified structural condition. This disregard of the people's will for the transfer, by nature, is the basis of social and material changes in the. Population, resources, technology, economic and other factors of power, resulting humanity more choices in high-rise buildings housing. Residents of high-rise buildings have poor moral qualities missing from their own homes threw objects at the phenomenon, there have been frequent, high toss of infringement to occur. Parabolic height infringement characteristics of the times, violations were difficult to detect, very serious consequences, and the contemporary world of national legal systems such infringement provisions almost blank, almost violations are not duly punished, the victim's also not compensated for the loss of society are a serious threat to public safety. Frequent occurrence of such cases that such infringement is not an extreme individual violations, and has become a special type of infringement. In this context, improving the tort laws and regulations, and thrown against a height of design-related violations of the rule of law.Opportunities and problems often coexist, innovation is often accompanied by a solution to the problem needs arise. Thrown against a height of the nature of tort liability and application of the law, legal experts in the theory of the in-depth and meticulous research, the results of a lot of money has been made. Throwing a height of tort liability theory course of the study showed significant differences, mainly concentrated in the violations should be possible to implement the tenants are jointly and severally liable. Professor Zhang Xinbao represented by the scholars put forward the "insurance" and "cost" and "personal freedom" and "implicate" perspective, and oppose the application jointly and severally liable: Yang Lixin, a non-voting delegate to the representative of scholars from protection of victims, to deter such violations with the aim of the case, the advocates should be applied jointly and severally liable. In this paper, which tend to the view that high toss of Tort Liability is a new kind of tort liability should apply jointly and severally liable, and may be implemented by the violations tenants are jointly and severally liable. First, the advantages of lower cost, and the second is easy violations were found, and the third is to prevent the occurrence of the infringement cases.With an innovative vision to look at a height of infringement thrown out of the shackles of the existing tort system to ensure advancing with the times and values in tort law a major breakthrough, so as to continuously improve the existing tort legal system, the rule of law provide the country's construction better protection for the whole society to create a more stable and harmonious living environment.
Keywords/Search Tags:The tossing thing, the new infringement type, Jointly and severally liable, Attribution basis, Alienation
PDF Full Text Request
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