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The Legal Analysis Of Liabilities In Damages Caused By The Thrown Objects Off Buildings

Posted on:2011-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
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In contemporary society, tort law in civil law countries occupy an important position, on people's production and life play an important role in our country as well.However, law is not a panacea, tort law is no exception, there are many unresolved problems, damages from objects thrown off buildings in the case of one of them.With the social and economic development, buildings, thrown objects off bulidings to cause injury accidents have occurred, this issue has gradually become the focus of public concern.For the virulence of unknown perpetrator threw the building material to cause damage to the responsibilities of cases identified, whether innocent tenants should be allowed to bear the liability theorists and practitioners controversies.In this paper, Chongqing "ashtray" case as an example of thrown objects off buildings associated cases of legal analysis, wish to contribute to the prevention of similar virulence behavior.This paper consists of five parts, the first brief Chongqing "ashtray" case and the outcome of the trial and made to analyze this issue.The second part of the thrown objects off building virulence behavior concepts and their similarities and differences between and common risk behavior analysis, this case is not a common risk behavior.The third part deals with the thrown objects off building to cause damage liability and responsibility for the building and with the presumption of fault liability and equitable responsibility for relations.The fourth part of the cell from the analysis of the relevance of the defendant the burden of proof with the application of inversion and joint and several liability point of view of the court's decision is reasonable.The fifth part briefly introduced China's current thrown objects off buliding to the interests of the legislative situation and weigh them and make several suggestions.
Keywords/Search Tags:Objects thrown off buildings, Presumption of fault, Joint and several liability
PDF Full Text Request
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