The Research Of The Thrower's Tort From Buildings

With the developing economy and the accelerating urbanization, city population are increasingly concentraing and there are more and more high-rise buildings which leads to frequently-occured thrower's tort cases. With regards to such cases, theorists and professionals have different ideas about what kind of choices should be made and what measures should be taken within law and how to find a reasonable solution between what-it-is-to-be and what-it-should-be.There are five parts in this thesis with 32000 words.Part I: Study on theory of thrower's tort from buildings. In this part, the author reviews the legislative history on such act briefly and puts forward a definite concept of thrower's tort from buildings based on a analysis about various theories. And then starting from the concept, the author gives a detailed analysis of characteristics of the act and points out that the most obvious and important feature of such tort is that it is impossible to determine the thrower, i.e. torter, which is also the root cause for such a serious controversy on such tort, and at the same time the author makes a analysis on the differences between such tort and some related concepts.Part II: Investigation into related legislations on the thrower's tort from buildings in some foreign countries and areas. In this part, the author gives a blow-by-blow introduction to related legislations on the thrower's tort from buildings in some foreign countries and areas with a study in theory level, observes on advantages and disadvantages of various legislations in particular and points out a legislative direction in the future for thrower's tort from buildings.Partâ…¢: Research on legislations on the thrower's tort from buildings in China. In this part, the author makes introduction to related laws acted as legislative authority for cases of thrower's tort from buildings in practice in detail, gives a description on the draft of Tortious Liability Law, putting great emphasis on the newly issued Tortious Liability Law, comments on the related laws and points out the problems in existing laws.Part IV: Research on practice of thrower's tort from buildings. In this part, the author first brings up the representative thrower's tort cases from buildings, and then analyses the legislative authority for decisions by the court, and at last points out the legal value orientation of such cases Partâ…¤: Ideas of resolution for thrower's tort from buildings. This is the keystone of this thesis. In this part, based on an analysis of criterion of liability, the author first points out fault principle should be implemented in cases of thrower's tort from buildings and default principle and presumption of causality is the theoretical support for it through the whole thesis. Second, starting from theoretical analysis, the author points out that thrower's tort from buildings belongs to general tort and act tort and civil subjects should take responsibility according to the default principle and also makes special suggestion for some special thrower's tort cases from buildings . At last, the author puts forward a conception of commercial insurance and state relief.