The Analysis Of Liability Caused By Tossed Object From Buidlings

China's rapid economic development in recent years, a large number of people flock to the city, resulting in the pattern of the city skyscrapers. Life, often in throwing objects to cause damage to the building events, to the broad masses of people caused great loss of life. Judicial practice in the past, or around the court on such cases dismissed due to the uncertainty of the victims accused the prosecution; or related personnel to the building shared responsibility to take these two methods are usually the victims of the rights and interests can not be fair effective relief and protection. December 26,2009 the Standing Committee of the 12th National People's Congress meeting, adopted the "People's Republic of Tort Liability Act," throwing things against the building made a clearly defined responsibility. The provisions of the rights of the victims did make a guarantee, Yet, in fairness point of view of possible implementation of the relevant staff throwing Xing Wei liabilities Que a certain lack of rationality.Through a glass case of throwing the building, the cases reviewed, the focus of controversy presented this case:throwing objects, including buildings claim the injury caused by the distribution of basic and tort liability issues. Article on the controversy over the case made the focus of legal analysis, the theory of liability on the building were presented. After analysis, the building should have three necessary conditions for responsibility, but the case because they did not have these conditions, so the building does not apply tort liability; this article and from the application of common risk behavior theory point of view of the case, because the case related to subjective lack of common household negligence, there is no common risk behavior, so common risk behavior does not apply the legal system; from tort liability distribution, analysis of the case for tort liability related to households is the lack of legal reasons.The article on the case to trial, and analysis of relevant legal system, the author of our tort law provisions of such cases and trial practice in such cases some suggestions. Tort law is not the perfect solution for all tort cases, so we should not view limited to the field of tort law, but should make use of social insurance and commercial insurance, comprehensive insurance will protect the rights of the parties, the victim in the shortest possible time, but also an effective remedy to balance the possible implementation of the interests of stakeholders throwing act.