On The Responsibility Of Damage To People 's Injury

In recent years, high altitude parabolic cases gradually increased. In before the tort liability act, there is no law to clear unified regulation, law have different opinions about the theoretical circle and judicial practice of judgment is also different. With the promulgation and implementation of the "tort liability law" the 87th with fill the victim’s loss, achieve social fairness and justice, maintaining public security and realize the harm prevention mission was born. Thought, from now on can set points check, fundamentally solve the problem of high altitude parabolic cases of infringement responsibility. Never think, in the theoretical circle of law has led to a more intense controversy, in judicial practice are also facing the victims don’t meet, may not recognized, such as legislative purpose cannot achieve. Under such a background, based on the typical cases as the breakthrough point lead to disputes in judicial practice, through to the "tort liability law" the 87th high altitude parabolic tort liability theory analysis, the relevant laws and regulations at home and abroad were reviewed and the comparative analysis, points out its in legal theory and judicial practice and social effect and so on a number of deficiencies, and then clear high altitude parabolic tort should be unified defined as general tort, according to the general tort liability and social relief way. At the same time, to present the application of the "tort liability law" the 87th put forward some opinions and Suggestions after being related system and improve the final to be abolished.