Study On Tort Liability Of Urban Residential Buildings

Due to the high density of modern urban residential. The object placed on the building fall or collapse of buildings, and thrown objects, falling objects, and other circumstances have occurred, resulting in personal and property damage." before the introduction of the Tort Liability Act ", the event has caused widespread concern in urban residential buildings causing damage. In the drafting of the "Tort Liability Act, legislators have taken into account should be established law," Tort Liability Act "Special Provisions confirmation of responsibility in these circumstances."Tort Liability Act," introduced also building the People Injured responsibility for evidence-based. Which human factors or natural causes, the liability is not the same. This paper mainly discusses the three basic types of building damage, the relevant legal provisions involved in the foreign legal content, and to explain his own thoughts on this basis. The text is divided into four parts.The first part is a general overview of the urban residential buildings. Scope of responsibility and the responsibility of the main legal basis for tort liability from urban residential buildings elaborate analysis of urban residential buildings is a special kind of infringement, it is different from other infringement form.The second part of the buildings on the object placed pedants off and crashed People Injured liability identified the violation was identified and responsibilities identified further elaborated that the object placed on the building caused by pedants damage, including personal injury and property damage, including the threat posed by the damage occurred and objects falling off of a causal relationship. That all men, management and use of which involved the main responsibility described that the responsibility of managing the buildings, the use of maintenance obligations, management, improper maintenance or causes damage to others due to no fault of their own, it should be tort liability. And discusses the presumption of fault and the burden of proof upside down as well as joint and several liability and individual liability.The third part is the the exposition buildings collapsed circumstances under People Injured responsibility. The first discusses the background of the introduction of the provisions of this law, as well as provide for separate reasons of liability for damage that this phenomenon already exists in real life and should be taken seriously. Secondly cited some of the reasons that caused the collapse of buildings. And then describes the constituent elements of the situation and the Imputation Principle, including the subject matter of tort liability disclaimer. Finally, to highlight the responsibility of the building collapsed in the earthquake identified.The fourth part is for the building, throwing objects, falling objects cause a person to damage liability. First review of the legislative process for the harmful actions by talking about Chongqing ashtray case attention to the frequent occurrence of such cases had to urge to make the appropriate provisions of the law in this regard. Has the legal responsibility to consider the situation from the drafting of the "Tort Liability Act, through the development of the three modifications to the existing provisions, is an innovation in the judicial practice. Responsibility identification discussed next explore the specific behavior of the three persons responsible for determining the point of view, the paper argues that the damage occurs when all of the actual use of the building should be liable, unless he can prove they are not infringing. This situation to take the principle of attribution is not a single infringement of the general principle, but the presumption of fault, no fault principle and fair responsibilities complex. Persons liable, the compensation responsibility, not a liability, in determining the scope of compensation, exclude compensation of moral damage,’s share does not include the victim’s own share of bear and compensation liability is not joint and several liability, but separate...