Buildings Falling Objects Caused By The Human Damage Relief

Along with society's rapid development, the advancement of urbanization speeds up day by day, the urban population is day by day crowded, the tall buildings have reached great numbers. In the recent year's real life, the person casualties and the economic dispute because of the falling things from tall buildings occurs unceasingly, especially in the situation that real infringement person are not explicit and the law still not explicit powerful stipulation. In the reality, each place people's court's decisions also have difference respectively, these different decisions according to the different laws and regulations, which makes this kind of right infringement lacks the unification of the responsibility basis. It was disadvantageous for the law's united application, which caused the litigant to be unable to obtain the reasonable relief, simultaneously also enable the public not to be able to obtain the effective safeguard. I advocated in this kind of situation by having the inhabitant which have the possibility to create injury to undertake the responsibility, because the benefit weight results, and the fair principle fully manifests. In a sense, it had already surmounted the general standard scope of right infringement that making the related inhabitant carry on the compensation caused by the falling things from the buildings. It makes the final compensations deeply contains "the relief meaning. This is the reason that "the relief appears in the title.The thesis takes providing relieves as the title, but at the very beginning it doesn't involve providing relieves directly. Because before solving a problem, the author should read exactly the legal system behind the problem itself, so I use the technique of progressive and layer upon layer upholstery. Only in this way we can know exactly the key of the thing that we studying on and the meanings and significance of studying.This thesis' main text altogether divides into four parts. The first part first obtains from the basic theory of the right infringement responsibility; the elaboration includes the right infringement and responsibility, the constitution of the right infringement responsibility as well as the responsibility principle. The elaboration gives a basic background to the thesis, only after the unfolding of this background, the particularity of injury of person by falling things from buildings and the need to take the way of providing relieves can be seen, which is different to ordinary. The second part of the thesis gives analysis to injury of person caused by the falling things from buildings. Give the essential factor involved accurate localization, it indicates that the phenomenon of injury of person caused by falling things from buildings is a new problem in the modern society, which takes the discrimination of building property rights existence as the premise. This part analyzes the dispute of application of the law and the constitution of injury of person caused by falling things from building. The theory of responsibility of right infringement of building and the theory of dangerous behavior all have insufficiency, so they can't give the exactly documents which is suitable to the injury of person caused by falling things from building ,at the same time, it hints the law blank about this kind of injury, which gives difficulty to providing relieves.The third part is also the core of the thesis. This part analyzes the relief measures and its theory basis and its social value in the case of injury caused by the falling things from the buildings. The two best relief measures are social security and the insurance. However, according to our country's reality, it will cost a long time to realize the conception. The real characteristic of our social security and insurance is low level, which decided that the victim's compensation of injury only can be obtained through the judicial relief. The final outcome is to make the related inhabitants undertake the responsibility, the responsibility of fairing. In fact, the responsibility undertaken by the related inhabitants is one kind of responsibility of compensation, in that there is only or some real people who cause the injury. It is helpless to let the relative multitudinous inhabitants undertake this kind of responsibility; it is the consequence of the vacancy of real infringement person and the social security. There is reasonable soil for this procedure; the soil is the existing national condition and the need of public security. The public security must undisputable be at the leading position in those multitudinous benefit happened in this case. And the existence of the duty of maintenance of public security makes it have the most powerful theory support and the persuasive power to let related inhabitants undertake the duty of compensation. Certainly, we can find the characteristic of transformation from protecting victim to making up the loss of the victim, and the elastic right infringing law's transformation of principle of right infringement from individual standard to social standard. All of these changes make it possible and reasonable to let the relative inhabitants undertake the compensation duty when we can't find the real right infringement person in the case of the injury caused by the falling things from tall buildings.The last part of the thesis provides simple explanation for some concrete questions which may happen in the judicial process of the judicial relief, the process of requesting the related inhabitants to undertake the relief duty. The entity law provides the basis theory for the judicial trial result, whenever it is certain that the judicial process reasonably also carries on the direct influence on the production and fair of the judicature result. This part provides the unified theory standard for the questions which the judicial process may involve .These questions include lawsuit examination, the responsibility of presenting evidence, the determination of the real person who caused the injury, the way of responsibility undertaken and so on, which provides possibilities for the standardization of the lawsuit of this kind case.