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On The Infringement Issues Of Perpetrators Unknown Buildings Falling Objects

Posted on:2011-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Z HuFull Text:PDF
GTID:2166360332955454Subject:Law
Abstract/Summary:PDF Full Text Request
Affected by many factors such as increased tall building, more and more accidents caused by the buildings falling objects cause person damaged. But certain period, the law on liability regulations about the buildings falling objects cause person damaged exist certain fuzziness, cause all cases in court for the different imputation principle, the result causes disunity, affect the seriousness of the law. Although coming into force on July 1, the law of tort liability about buildings falling objects of the injury compensation of the rule, but this rule has more questions, so it becomes a "unwarranted". Based on this, this paper want to make some useful exploration about the question of the buildings falling objects sends a person to damage.The first part is about the origin of the buildings falling objects cause person damaged liability. This article in three cases out of court buildings falling objects in the handling of damage to the question of law is applicable not uniform. For unknown buildings falling objects injures the case, there exists different sentenced to jail terms, this is not only protect the lawful rights and interests of parties, and also to maintain justice unity, what is more beneath the majesty of the law and dignity, and also make people face buildings falling objects sends a person to damage or feel nothing. This question also led to the necessity of exploration about buildings falling objects of damage.In the second part is liability of the falling objects cause person damage. This part first analyzed of the characteristics about the buildings falling objects cause person damaged and summed up the seven aspects, Buildings a theoretical basis of this thesis analyzed. Then, the paper for some element was analysed, the buildings fall down from the law was analysed and defined, clear what are buildings falling objects and buildings falling objects category, which defines the scope of this approach. This section is next to analyse and discuss the constitutes of buildings falling objects of the damage. From the instance, under this part of the buildings falling objects of the damage constitutes a fall, the building of the object of damage to, throws the object of damage, and can't really found that the actor, the victim is a significant damage. Then, buildings falling objects of the applicable laws are discussed. In this part,from the tort liability, joint dangerous behavior and no-fault liability principle of negation, buildings falling objects cause person damage liability is presumed fault, the foundation of the building, fair liability falls things cannot be applied to "the responsibility of the objects on the building," laws applicabled problem is discussed.This third are analyzed that the relief of building falling objects cause person damage. This part of the first to the means of a general introduction, the way out except judicial institutions have insurance, social security and so on. This part of the social security benefits, insurance and the judicial relief relief is detailedly discussed and analyzed their advantages and disadvantages. On this basis, the author of " unwarranted" revised compensation. In "unwarranted" has been revised compensation based on the discussion, the author puts forward to "false" limited liability necessary. Limited factors, the author also puts forward the responsibility and the correlation between the evil behavior etc comprehensive factors.
Keywords/Search Tags:buildings falling objects, the person caused harm, tort liability, compensation for personal injury
PDF Full Text Request
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