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On The Subject Of Liability For Altitude Parabolic Tort

Posted on:2016-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:H M X YaoFull Text:PDF
GTID:2176330461479765Subject:Law
Abstract/Summary:PDF Full Text Request
Early in the Roman law, High altitude parabolic infringement is not a new way of tort. Scholars to study on high altitude parabolic infringement is not the start stage, from 2001 to 2006 period, high altitude parabolic cause person damage of several typical cases, and many scholars to discuss, for the tort liability law of the People’s Republic of China (hereinafter referred to as the tort liability act) of high altitude parabolic tort legislation laid a theoretical foundation. Today, from the tort liability law for 4 years, involving high altitude parabolic tort laws run? Based on high altitude parabolic tort responsibility main body as the object, to the high altitude parabolic infringement responsibility main body of carding theory, through the influence of the legislative theory, combined with China’s "tort liability law" the eighty-seventh in practice judicial bottleneck, moral hazard, the public security problems, put forward to increase the property management agency as the idea of the high altitude parabolic tort responsibility main body, and from the property management organization of the community management subject identity, security obligations, social and economic efficiency analysis of the property management agencies as the main body the rationality of the high altitude parabolic tort liability.This text is divided into three parts. The first part gives a brief definition of high altitude parabolic tort and the concept of high altitude parabolic tort responsibility main body. High altitude parabolic tort is cannot be determined by the infringer throwing objects from the high-rise building, the person or property is harmed by others. High altitude parabolic tort liability subject after the creation of high altitude parabolic tort, replace the body of the infringer high altitude parabolic tort responsibility. Combed the high altitude parabolic tort responsibility the main body of the four theories-share the responsibility, jointly and severally liable, distinguish, social relief, and the theory on the impact of legislation in our country. The tort liability law of the People’s Republic of China (hereinafter referred to as the "tort liability act") to "may harm the building user" as the main body, high altitude parabolic tort liability by the Shared responsibility, joint and several liability, the influence of the distinguish of said must send. The second part points out that the "building user may harm" as the only subject to high altitude parabolic tort liability in our country face the harm behavior is not ethical weakened the moral risk, the public security organs of slack ascertain the infringer, the proportion of appeal is high, low enforced judicial bottleneck effect and therefore increase public security risk. The third part on the basis of the above proposed to increase the property manager as the main body in high altitude parabolic tort liability. From the perspective of law, sociology, economics, property management institution as the main body of responsibility rationality and necessity. Demonstrated increased property management institution as the main body the idea can realize responsibility tort law for relief of rights and maintaining general balance of freedom, and can solve the cause of many of the problems existing legislation.
Keywords/Search Tags:high altitude parabolic, tort liability subject, management organizations
PDF Full Text Request
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