Buildings, Thrown Objects Cause Damage To The Legal Issues

Recently, the legal disputes due to the damages caused by the thrown objects off buildings occur frequently in many regions in our country. Due to its serious consequences and the difficulty in detecting the injurer owing to the characteristics of distinguishing buildings, it becomes a problem in the spotlight about its determination and attribution of liability, and also about how to achieve the relief under tort law. In judicial practice, as there lacks definite legal ground for courts to hear such cases and the understanding about the cases varies, it is not uncommon to see diverse or contrary verdicts. The Article 87 in Tort Liability Law of People's Republic of China issued in 2009 makes a regulation of the liabilities in the damages caused by the thrown objects off buildings, which figures out the problem of legal ground and does a great favor to unifying judicial verdicts. However, under the circumstances that little consensus has been reached among theorists, the legitimacy of this regulation is regarded with suspicion. Therefore, it is necessary to systemize the legal basis of the damages caused by the thrown objects off buildings theoretically and dig into the legitimacy of such regulation to solve the problems in both theory and practice.The discussion in this essay is divided into five parts. In Introduction, the problem is put forward by illustrating related and typical cases, and the realistic meaning of the selected topic is pointed out. In Chapter One, the damages caused by the thrown objects off buildings are well defined and its legal features are analyzed. Also, the author investigates civil legislations in Roman Law and Civil Law System and the relevant cases in Common Law System. Chapter Two is a main part of the essay, in which the related theories in our country are combined to discuss the liability attribution basis and constitutive requirements of the damages caused by the thrown objects off buildings through the theory of liability attribution basis and constitutive requirements of civil liability. The conclusion that this circumstance constitutes no tort liability and no relief in the area of tort law can be made is then reached. In Chapter Three, another main part of this essay, the author makes a detailed analysis about the contents, nature and legal ground of the regulation in Article 87 in Tort Liability Law and indicates a series of negative influences which are both congenitally deficient in theoretical basis and also hard to carry out in practice. They are suggested not being kept. In Chapter Four, some clues to solving the problem of the legal disputes due to the damages caused by the thrown objects off buildings outside the area of tort law are proposed. Further, several solutions for relief are presented to provide the final settlement of this problem with beneficial reference.