The Research On The Tort Liability Caused By Unknown Parabolic Objects And Falling Objects

The tort liability caused by unknown parabolic objects and falling objects is the special one, whose substantive characteristic is that the one who commits the act of infringement cannot be sure. It is this characteristic that makes itself distinct different from building tort liability and common risk liability, though slightly similar to building tort liability and common risk liability. Simultaneously, current law includes circumstances caused by "falling objects", which is more reasonable and scientific in the range of study, but in the past, the research was limited to the ones caused by "parabolic objects".In the construction of the tort liability caused by unknown parabolic objects and falling objects, there are some doctrines of liability fixation including fault liability,no-fault liability and equitable liability etcetera. But we find that these doctrines have more or less obstacle in specific practice through analytic demonstration. For this reason, in consideration of justice of the society and policy of the law, from the perspective of the value, we should balance benefits between two parts, have an overall consideration on case facts and scientifically allocate the bearing of liability, in order to fulfill legal justice better. In determining the tort liability caused by unknown parabolic objects and falling objects, acts of infringement and facts of damage, two of their constitute items, should be paid much attention to. Because this tort liability's substantive characteristic is the one who commits the act of infringement cannot be sure. The act of infringement should be structured by using the rule of presumption. Among varieties of damage facts caused by the acts of infringement, single property loss and moral damage shouldn't be born by liability subject, or it will lose proper. Only when personal injury doesn't acquire remedy, should the building dwellers who are possibly injure pay, in order to share the damage of the sufferer and fulfill allocation justice.In the bearing of the tort liability caused by unknown parabolic objects and falling objects, we should stick to the principle of supplementary, that is to say, liability subject bears supplementary liability but compensational one. In order to achieve the goal of legal justice, we ought to strictly fix the range of liability subject to the minimum as we can, by distinguishing building with different uses. In the ways of bearing, we should adopt average responsibility。...