The Tort Liability Of The Buildings Collapsed

With economic boom and social progress, urbanization of population brings the increase of buildings, structures and other facilities. The danger of structure is tending to increase too. A series of collapse accidents have been occurred late years, which cause the harm to lives and property of the people. At July 1st, 2010, the Law of Tort of the People's Republic of China was published. Article 86 has made a special provision in the collapse damage of buildings, structures and other facilities. In this view, the author tries to use legal knowledge and practical experience and to refer comparative law, in order to analyze the article mentioned above in the way of interpretive method. This paper explains the question from the following five parts. The first part is the damage liability of defective building. The principia of Liability, the definition and the connotation of buildings, structures and other facilities have been analyzed, especially why the no-fault liability principle has been adopted in the damage liability of defective building. The second part is introducing and referencing the rule of the damage liability of defective building in other countries and regions. The characteristics and the values of foreign law have been pointed out emphatically. The third part is the causes and the responsibilities of damage liability of defective building. Compares with the provisions of the obligation subjects in the continental legal system, the author analyzed the obligation subjects of China, especially in the causes of tort. The fourth part is the advertent problems of the constitution of damage liability of defective building. The author has analyzed and evaluated the constitution of damage liability of defective building, and has analyzed the provisions of the jointly and severally liability and the claim right, and has introduced the application of exoneration, such as the force Majeure, the faults of victim and the faults of the third party. The fifth part is the improvement and the rethink of damage liability of defective building. Taking the jointly and severally liability of the subject for duties, the credit Rating system, the insurance system and the prescription System as emphasis,the author point out the significance of establish and improve the legal regulations of damage liability of defective building.