The Research About Infringement Of Unknown Objects Threw From Buildings-and Evaluate The Eighty-seventh Article Of 《the Tort Liability Law》

With the accelerated process of modernization, urban high-rise buildings have increased significantly.High-rise buildings, and hazard of throwing behavior is becoming a serious social problem, thus creating public safety community streets more and more problems. Also, because of modern society to distinguish between high buildings all the state and can not determine ownership in accordance with a single real violations of people can not bear the direct infringement of one owner presumption of responsibility, which makes the identification of such violations is the responsibility difficult, difficult to protect the legitimate rights and interests of victims.Building violations of unknown objects thrown into the academic difficulties must be resolved.Based on the definition of the unknown throwing things building infringement on the basis of the concept and characteristics of buildings, analyses the unidentified throwing things tort laws nature and the elements of constitution. This paper analyses the outbreak is building the unknown things tort liability subject, the principle of accountability, causal relationships, defenses and ways of responsibility, in-depth analysis of unknown building casting objects tort liability system of education content.In the process of writing this article, "The People's Republic of China Tort Liability Act" in December 26,2009 examined and approved, Chapterâ…«87th stipulates the building of unknown object thrown tort liability, consistent with the theoretical framework of this article,confirms this from the side topics and reasonable solution, so this last, "Tort Liability Act," the 87th Article simple assessment, proposed a number of practical recommendations on the operational level.