Study On Compensation For Damage Caused By High Falling Objects

In recent years, damages caused by high falling objects happen increasingly. As no clear law, practice in such cases throughout the court made different decisions. This situation is detrimental to the law which should be certainty and uniformity. It made parties difficult to obtain a legal remedy, but also made the public safety can not be protected effectively. The article adopts the comparative method, the value analysis method and historical analysis method, conducts the analysis from many aspects regarding the relevant legislation and case, legal provisions remedy channels and specific rules, put forward some legislative proposals at the end of the article.The first chapter summarized the relevant legislation and case at home and abroad which are typical. Section I, retrospective analysis of the old Roman law in the relevant provisions, as well as modern rules in France, Japan, Russia, Germany and other countries legislation. Through the analysis of foreign-related legal provisions and judicial precedents, I try to provide valuable experience to solve the problem in our country.Section II, summarized the situation of legislation and practice of the typical cases in our country, and analyzed the judgments of current court case.The second Chapter summarized the historical background in the basis of the previous chapter. Defined the concept of high falling objects, and discussed the characteristics of the problem and the elements, and established the theoretical basis.The third Chapter, to evaluate the mainstream views represented by Professor Wang Liming, and Professor Yang Lixin, the issue of accountability for such damages and other legal practice and defense of arguments. So that we can find the rationale for Liable and remedy measures.Finally, to clarify the theoretical system, of the premise, and then make a suggestion to legislation and institutional construction. A comprehensive remedial system should be established for any damage caused by an object falling from a building, so as to achieve social equality and justice. And I try to make feasible suggestions in the system.