Study On The Application Of Law Of The Throwing Liability From The Building When The Inflictor Is Uncertain

With the rapid development of society, the buildings becoming taller and taller, the urban population is increasingly dense, there are increasing cases of damage caused by throwing objects. In such a situation that it's not clear who causes the personal damage by throwing objects from the high-rise buildings, because there is no clear legal provisions, practically in such cases the people's courts sentence is different. These different verdicts are in accordance with the different legal bases, that don't conducive to the applicable legal certainty and uniformity. These cases will be classified as a separate violation as a special provision by the"Tort Liability Law People's Republic of China"that recently promulgated. It makes the parties can get access to a fair and reasonable legal relief, that's conducive to the applicable legal uniformity. However, whether the provision of the law is fully justified? For the victims, are there really not better relief measures? This paper discuss the principles which perpetrators are unknown apple to which attributions by discuss the violations that objects that throw from high buildings which make people damaged, point out compensate by the person that may be the perpetrators is unreasonable , then give a proposal that the liability insurance as a additional relief of the inadequate ability of the law.In this paper, there are three parts: introduction, body and conclusions.The introduction point out that it is general that the cases that objects are throw from high buildings which make people damaged, since there is no clear legal provisions, which aroused intense discussions between practitioners and academics. Although the introduction of the "Tort Liability Law" unified this problem, but some problems still exist, so we have this topic.The first section cited three classic cases to point out that the cases that objects are throw from high buildings which make people damaged but the perpetrators are unknown, which once resulted in practice according to different parts of the law courts and different values have made different judgments and orders,and analyze the various judgments. Then, we introduce a long and vigorous debate in academia, by the damage caused by tenants from buildings may be responsible for understanding the principles were becoming the same, "Tort Liability Law" also adopted this view. After introduce the theoretical basis which to support to this provision, such as the drawing outside the Roman legislation and related legislation, allocation of loss, damage prevention, public safety and the true discovery and so on, I question the bases and point out the unreasonable points of the bases, then manifest the attitude of That I object to the relevant provisions of the "Tort Liability Law". This section focus on introduce the theoretical basis which to support to "Tort Liability Law" and my questions about the bases. The draft of "Tort Liability Law" change"compensate"to"relief"which reflects the legislators approved the terms of the relief to victims is a tendentious.The second section describes the elements of the injury caused from the building parabolic damage by unknown people, which is harming behavior, the effects of damage and causality. When the perpetrators can be definite, the nature of the injury caused by parabolic building ordinary tort is common violations, while the perpetrators is unknown, which situation belongs to the special situation this paper discussed. At the same time, compare with parabolic buildings and building violations to cause damage to objects infringement and common risk behaviors, point out the difference between the cases and others. Finally, By building parabolic nature of the injury caused by acts of the analysis, demonstrated the essence of only general violations, whether the buildings should not be a parabolic key point of discussion, virulence were unknown only is the reason why special essential characteristics, and pointed out that there are a number of infringement cases of unknown virulence of people, buildings parabolic damage caused by persons unknown who infringement is infringement of these virulence of a person unknown. "Tort Liability Law" to be provided separately, the cases of similar nature will result in different sub-co.The third section introduce the concept of the perpetrators is unknown and explain that this paper only focus on one of the case of perpetrators is unknown, that is the situation that only one or a few people in a group of people who implemented the virulence and were harm for the victim, other people did not implement any behavior, but cannot determine the specific perpetrators. On the principles of responsibility after the system are introduced, the adoption of the principle of multiple imputation view that the principle of fault liability, strict liability principle and the principle of equitable liability based on the virulence of the narrow sense is unknown to what should be applied the principle of responsibility in-depth analysis of the principles in a variety of imputation to choose, want to determine which virulence is unknown should apply the principle of attribution, but come the perpetrator is unknown in the traditional sense does not apply the principle of strict liability, the principle of fair and responsible or no-fault liability principle, the principle of fault liability if applicable, is fundamentally unable to identify true of offenders, there is no clear defendant does not meet the prosecution of condition, will make the victim get on compensation.The fourth section proposes other measures to help the victims. Commercial liability insurance on tort law as a useful complement when there is no definitely perpetrator who must responsible for the complement, so could not be distribution to the rights of the innocent the victim fairly and objectively. I analysis of the necessity and advantages to develop and improve the liability insurance, point out when social security system is flawed, Commercial liability insurance is a better one to help the victims in that cases. Acquire views about the building damage caused by persons unknown parabolic by survey. The results of the survey support my view. Tort law, the social security system as well as commercial insurance constitute a Relief System is the inevitable trend of social development. As far as I am concerned, the employees of property management have the responsibility to the Security, and they have such ability to prevent the situation. If they not fulfilled responsibility, they should compensate the victims.The fifth section determine that the cases that objects are throw from high buildings which make people damaged and the perpetrators is unknown, assess and propose the 87th item of "Tort Liability Law", explain the item is unreasonable and propose to abolish the item. Building further on the injury caused by the offender parabolic case is how the victim relief, point out a complete system of shared responsibility, and burden-sharing in the precautions, such as the right to relief and recovery situations are described.Conclusion refined and summarized the main ideas of the paper.