Study On Throwing Rubbish From Upstairs Civil Tort Liability

Throwing rubbish from Upstairs civil tort liability refers to doers throw objects to the ground or some affiliated facilities are dropped to the ground from Ownership of Apartment Building. In this act, somebody is injured or some properties are damaged. Throwing rubbish from Upstairs is an old tort action, especially in the modern society, the system on Ownership of Apartment Building becomes more and more complex, case rates become higher and higher correspondingly. The essential difficult of such cases is that after the actual damage occurs, the true doers cannot be identified, thus victims must suffer the loss without any proper cause. In the modern society, this kind of tort action is already should have become a tort system which should protects victims, balances the interests of different sectors, distributions of risk properly.Before tort law is enacted, in China there is not perfect legislation on this case. The opinion of theoretical circle on how to cognizance and application this kind of cases is controversy, thus leading to different courts apply to different legislation, although facts of cases are similar; this inconsistency has seriously affected the unity of judicial practice and judicial authority. Hoping to, in some sense, tort law can solve the problems of judicial practice and theoretical circle. It is good to achieve uniformity of the law. In the background of frequent occurrence of cases and a new law is enacted in the early time, write such a paper has its own practical significance.This paper discusses from overview of throwing rubbish from Upstairs civil tort liability, and then discusses its criterion of liability and constitutive requirements. After that this paper further tells the differences between other similar systems. The provisions about this aspect between Chinese civil law and foreign similar systems are compared. At last, this paper gives brief introduction to the legislative background,the individual point of view and the do's and don'ts of tort law.Now I will make an introduction about the structure of this paper in details, this paper can be divided into three parts.Part I, Brief introduce on throwing rubbish from Upstairs civil tort liability. According to relevant laws and regulations, at present Chinese law applies liability with presumed fault principle to doers. If doers cannot get evidence to prove there is no fault of their own, they should take the appropriate responsibility. Constitutive requirements of this case including: the fact that objects fall off buildings,the fact that damage occurs,causal relation between falling and damaging,the doers cannot prove they have no fault. Nowadays, generally speaking, theoretical circle divides the infringement act of throwing objects off high buildings into three types based on doers are cleared or not. These three types consisted of offenders are identified,persons in charge are identified,persons in charge cannot be identified. The key difference between this act and joint dangers is that, in the circumstance of joint dangers, the range of offenders is clear, only there is no way to know who the true offenders are, but in the first circumstance, there is no way to get the range of offenders, except the range of possibly offenders can be got. From the theoretical research point of view, four types of doctrines as follow: sympathize with the weak,presumptive fault,joint dangers,protect the public.Part II, Introduction of relevant laws and distinguish them. In the past, china has no perfect provision in this field, only has some relative regulations. Such as Article 126 of General Principles of the Civil Law of the People's Republic of China states: Buildings or other facilities and hanging objects,shelving materials collapse,falling, make damages to others, its owners or administrators shall bear civil responsibility, except they can prove themselves have no fault. Although in the ancient Rome, there are not many high buildings, such case is clearly regulated in Roman law. Most of civil law countries have similar regulations too. By comparison we may know that, although Throwing rubbish from Upstairs civil tort liability is an old tort action, at present different countries have different ways to handle with this situation, in general, some of them do not have the necessary legislation and deal with this situation by applying relevant regulations or other similar law systems. Of course, some of them make relevant provisions which sometimes unclear, so when apply those provisions to the practice, a lot of problems may be arisen. Now our government should enact regulation to define such case.Part III, Analysis legislative background,opinions vary,the do's and don'ts of Article 87 Tort Law. Query questions including: this article is rather principled, lack of supporting from theory, difficult to apply; this article should be deleted, because this article does more harm than good etc. In the practice of this article, such principles should be followed: how to use compensation responsibility; possibly doers should compensate; if somebody can prove he has no fault, he does not need to compensate; how to accurate understanding"throwing rubbish"and"users of the buildings."This paper mainly discusses the doers cannot be identified in the background of the system on Ownership of Apartment Buildings. The case of the doers can be identified, this paper makes no comment.