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The Analysis Of Tortuous Liabilities In Case Of Objects Thrown Off Buildings

Posted on:2010-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:W WangFull Text:PDF
GTID:2166360275495911Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years, the legal disputes, due to the damages caused by the thrown objects off different kinds of structures, occur occasionally. However, since the contingency of this kind of accidents, the real injury party always cannot be determined. Also because of the absence of corresponding specific regulations in the law system of our country, the treatment in different districts for this kind of disputes is always very different. Obtaining equity between the interest of the victims and the residents is the key to deal with this kind of legal disputes.The problems in the lawsuits causing by the thrown objects off the buildings primarily focus on three aspects: 1. fundament of the rights of claim: in this kind of lawsuits, if or not corresponding legal backings can be found. 2. Allocation of the tort liability: In this kind of lawsuits, which choice is proper: the tortuous liability should due to the real injury party, or straightly due to residents of the buildings. 3. Allocation of the onus of proof: In this kind of lawsuits, which choice is proper: the general principles of the onus of proof still can be used, or cannot be used, instead, the principles of the onus inversion of proof must be used.The most typical case of this kind of lawsuits is the Chongqing ashtray case, in which the focus of disputes reflects the above discussed three problems obviously. In this paper, focusing on the above discussed three problems, through the case analysis of the Chongqing ashtray case, in the domain of the law of torts, the probability of the solution for this kind of lawsuits is discussed.After the case analysis of the Chongqing ashtray case, such conclusions can be made that the general principles of the law of torts can be adopted in the rule of the lawsuits concerning the thrown objects off buildings, and the real injury party himself (herself) should assume all the self liability according to the corresponding damage consequence. When the real injury party cannot be determined, the residents without injurious action should not assume the vicarious liability. In this circumstance, the victim will not be able to get compensations from the law of torts. The author thinks that the relief function of the law of torts is limited, only through the social security system and the social compensate system made up of various commercial insurance, the compensate interest of the victim can be satisfied. Government should optimize the related systems to make the victims in this kind of lawsuits get sufficient compensations, and due to the high probability of accidents of thrown objects off buildings, related parts also initiatively take some measures to decrease the probability of this kind of accidents. Furthermore, in order to provide some helpful references for the rule of this kind of lawsuits, the author carefully studied some injurious responsibilities in the cases of thrown objects off several types of specific buildings.
Keywords/Search Tags:objects thrown off buildings, fundament of the rights of claim, distribution of the tort liability, inversion of burden of proof
PDF Full Text Request
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