Imputation Principle Of The Injury Caused By Unidentified Throwing Objects

With the development of social economy, urbanization is accelerating and high buildings enjoy a dramatic increase. People injury caused by unidentified throwing objects from high buildings happen time and again. Due to the lack of clear legal provisions, there are disputes on which imputation principle to obey and whom the liability belongs to as for the damage caused by unidentified throwing objects in the theoretical circle. Some people hold the idea that the victims should undertake the loss themselves; some others believe that all the residents in that building should spare the responsibility in view of joint dangerous acts. As regards the liability principles, fault liability principle, non-fault liability principle, equitable liability principle are all in use. This paper aims to expound the imputation principle on the damage caused by unidentified throwing objects and put up a better solution with the support of theoretical bases.The paper consists of three parts besides the introduction and conclusion.The "throwing ashtray hurting passer-by" incident happened in Chongqing has been regarded as the most typical case in judicial practices. Based on the fault liability principle, the court gave the judgment that all the possible assailants share the responsibility, which brought about great controversies. In the introduction of this paper, a typical case is applied, in the aim of pointing out the harmfulness of unidentified objects thrown out from high buildings. And the different opinions on liability principles and agents undertaking the responsibility lead to the discussion of the theme of this paper.Comparative law, sociological law, historical-analytic law and other approaches are applied to analyze the adaptability of different liability principles and their advantages as well as disadvantages. Based on these researches, new viewpoints are put forward and then improved. But why tort remedy law is essential? Under the tort law remedy, what are the application divergences? What is the most reasonable liability principle? This paper will discuss these questions within three parts.The first part is on the necessity of tort law remedy for passer-by hurt by unidentified throwing objects, which begins with the general introduction of the current situation of the damage caused by unidentified throwing objects. This part includes the definition of it and its difference from other tort behaviors, and then the discussion of the limits of the possible remedies for victims such as insurance, social remedy and national compensation, which thus indicates that tort remedy law is essential to damages caused by unidentified throwing objects.The second part discusses the disagreement of the liability principles of the damage caused by unidentified throwing objects. Following the brief introduction of liability principles, fault liability principle, non-fault liability principle and equitable liability principle are analyzed and compared diachronically in the aspects of overview, historical revolution, mainstream views. Then two pairs of comparisons are discussed synchronically which includes fault liability principle and non-fault liability principle, non-fault liability principle and equitable liability principle. Then the divergences of the application of these three principles on the damage caused by unidentified throwing objects are presented.In the third part the author's opinions on the liability principle of the damage caused by unidentified throwing objects are put forward. First, from the respects of jurisprudence and the advantage or disadvantage in judicial application, fault liability principle and equitable liability principle do not apply to the liability principle of the damage caused by unidentified throwing objects. Then the theory basis, application scope, appropriateness and significance of non-fault liability principle are analyzed in details. Therefore, the application of non-fault liability principle to the damage caused by unidentified throwing objects is emphasized. Finally, the specific responsibility taken in the non-fault liability principle is discussed.