High - Rise Buildings Throwing Objects Caused By Damage To The Victims Of Unknown Legal Relief

The damage caused by throwing objects from high building is a very old act of infringement, and it’s worldwide prescribed as a special tort act by law. However, the infringement liability act of high building thrown objects is far behind this special tort action. In China, with the advance of urbanization, more and more people get into the city, and the building gets higher and higher. Damage caused by throwing objects from high building caught the public’s attention. On December26th,2009, the12th meeting of the Eleventh National People’s Congress Standing Committee formally promulgated the "Tort Liability Act", which is not only a major event in China’s political life, it is also an important milestone in the construction of the socialist rule of law.Article87of Tort Liability Law provides:a article thrown out of a building or dropping from a building and causes damages to other people, where the specific infringer is hard to be identified, except the one who can prove he is not the infringer, the user of the building who might potentially take the infringing act shall assume the reimbursement. This article specific the compensation issues, but I believe that it exists many problems. Take the provisions of the legal duty as an example, in the case of infringers unknown, users of the building that may harm people (owners) jointly and severally liable together. It not only lacks of an adequate legal basis, but also likely to cause the waste of social resources, thus it is an inappropriate practice. The problem of throwing objects infringement with infringers unknown is essentially the conflict between residents residency and public safety. Thus, I believe that it can be adjusted through the legislation policy. In another example, how to accurately define the tort liability subject-"potential infringers". The article is too vague to severely weaken the law’s certainty and seriousness. Based on these reasons, this article tries to analyze legal remedies issues in the case of falling objects infringement with the infringer unknown.This article is divided into four parts. The first part introduces the concepts and features of tossed objects from high building. The second part deeply profiles the related legal issues of tossed objects from high building by analyzing and studying the history of the Tort Liability Act, and try to provide a valuable reference to solve this problem. The third part offers legal advices on the basis of previous summarizes. The last part evaluates China’s current legislation of tossed objects from high building.