On Tort Liability For The High Toss Act

With the increasing development of urbanization, lots of cases of right infringement for throwing objects from high buildings emerge in the society. Prior to the announcement of the national Right Infringement Responsibility Law, from the practice and theroy, many issues arise from the results of different courts to make judge to these cases. Though the national Right Infringement Responsibility Law makes regulations for these cases, the regulations have not figured out the features of the right infringement for throwing objects from high buildings, and have some mixtures between right infringement for throwing objects from high buildings and the responsibility of the building and other establishments. Based on the law practice, the essay analyzes the shortage in dealing with the right infringement for throwing objects from high buildings in the theory and practice, and introduces the relevant legislations and law suggetion drafts home and abroad. Meanwhile, under the condition of regulating concept and feature of right infringement behavior for throwing objects from high buildings, the essay introduces in the relief damaging theory as the analyzing tool to analyze the applied imputation principle for the right infringement behavior for throwing objects from high buildings, and who shall assume the responsibility.The foreword part mainly introduces basic issues of theoretical basis, research method and research view.Start with factual justice case, the first part introduces different gists and results for similar right infringement cases for throwing objects from high buildings, and analyzes the practical and theoretical issues in right infringement cases for throwing objects from high buildings in these cases.As the cognition for conception of right infringement for throwing objects from high buildings is confusing, the second part strictly regulates its conception and features. The essay considers that right infringement for throwing objects from high buildings differs from common peril behavior and buildings and other establishments right infringement behavior. It can not be applied with the regulations for common peril behavior and buildings and other establishments right infringement behavior.The third part introduces the relevant legislations and law suggetion drafts home and abroad. Foreign legislation mainly includes:American legislation actuality, French legislation actuality and Germany legislation actuality. National Right Infringement Law suggestion drafts mainly include:Liang Huixing right infringement law suggestion drafts and relevant items, Wang Liming right infringement law suggestion draft and relevant items, Yan Lixin right infringement law suggestion draft and relevant items and Committee of Legislative Affairs of National People's Congress right infringement suggestion draft and relevant items. Finally the part introduces the relevant regulations and recently published right infringement responsibility laws and relevant items in Taiwan of China.The fourth part analyzes the proper laws used in coping with right infringement cases for throwing objects from high buildings in details. The essay mainly introduces in relief damaging theory which is treated as the foundation and analyzing tool of the essay. The concept of right infringement law transfers from giving priority to punishing inflicting person to giving priority to relieving victim. The modern right infringement law shall be positioned as relief law, and the relief and remedy to the victim is the chief concept for the modern right infringement law. Meanwhile, the theory directly influences imputation principle and the regulation of evidence presentation liability.The fifth part uses relief damaging theory as the analyzing tool, and firstly recognizes the imputation principle of right infringement for throwing objects from high buildings, and respectively analyzes fault responsibility principle, fault recommending responsibility principle, non-fault responsibility principle and equity responsibility principle. Based on the responsibility principle, the part analyzes evidence presentation liability of right infringement for throwing objects from high buildings, including general quoting rule and evidence presentation liability converting rule. Then the part analyzes the composing components, mainly inculding three aspects, damaging behavior, consequence relation and damaging fact. The person who shall take on the responsibility should be decided respectively, and the essay finally discusses the responsibility assuming methods for right infringement behavior for throwing objects from high buildings.