High Altitude Throw The Application Of The Law Of The Matter Case

As the society develops,urbanization pace acceleraties and high-rise dwelling house increases,the event caused by throwing objects from the high building to injure somebody occurs frequently.Under the condition of having unclear stipulation in legislation,in judicial practice,the judgements of different courts have brought about chaos in the application of relevance law,which makes throwing objects from the high building to injure somebody becoming the topic of disputes of every field in the society.There is complicated dispute about the throwing liability from the building that affects judicial practices and authority in the theoretical field.Therefore,the purpose of this thesis is to expound of a certain range of householders assuming the liability of throwing objects from high building from the angle of economical analysis of law and bring forward my suggestions on legislation here on the basis.This thesis is divided into four parts.The first part offers two cases from judicial practice,court decision results are to be very different,Chongqing court decided a range of householders to undertakes responsibility,but Jinan court charging have rejected a plaintiff.Specifically for this condition,this have brought forward focal point of the case is that throwing objects from the builiding to cause person damages whether the building householders bear responsibility of compensation.The second part has introduced that current situation about the personal damage caused by throwing objects from the builing in legislative,practical and theorytical field.There isn't specifically the high building throwing tort abroad and in the homeland in legislation,this is a peculiar problem on tort.In reality,courts have different result about the similar law case,which cause chaos in judicial practice.In the theory field,the different scholars brought forward each′s different viewpoint which is divided into affirming speaks and negative speaks.Affirm of the inside is that common safety says,the impartial responsibility feeling pity for the weak saying,losing to share responsibility and justice saying;Deny of the inside is losing to taken by himself and social security saying. The third part is the main body of this thesis.First this author has carried out commenting on different scholars and has suggested that the author approves of certainly saying but has pointed out whose defects.Now available theory can not support the building throwing tort responsibility undertaking responsibility by the householders completely.Then author analyses that analogy procedure suitable for use in judicial court hasn't been supported by present theory.Under now available legal system,the general tort,quasi joint act of tort and building liability have similarity with personsonal damages by throwing objects,but comes to a conclusion is that personal damage by throwing objects can't analogize this three kinds tort,that the courts appling analogy in judicial practice is incorrect.Secondly,the thesis makes use of the economics principle and the relevance concept to carried out theoretical analysis on throwing objects tort from the building.As for economics angle, law of torts is to need to remove the negative outside effect because of tort leading,the high building throwing tort has brought about the negative outside effect,that can not be solved by the common approach that is public policy and marketplace method,which can only resolve this negative outside effect by court decision.But the formula making use of Hander is informed of that the accident taking precautions against cost be smaller than anticipate that accident costs,the building householders does not fullfil paying attention to duty and cautious responsibility and take appropriate measures,which means householders have fault,which comes to a conclusion thereby:That the personal damage by throwing objects is to undertake responsibility by certain range of householders.The fourth part brings forward suggestions about the personal damage by throwing objects on legislation.The personal damage by throwing objects ought to build corresponding regulation system from the principle of imputation and responsibility on the form.The author analysed by comparing thinks that the high building throwing tort ought to apply to fault liability imputation,stipulate that like this being able to embody the legislation original intention much better,protect the aggrieved party thereby.Applying share responsibility on responsibility form,which may possibly relieve an aggrieved party much better and also may reduce the social costs similar with the event treatment here.Applying to joint liability that can increase the implementation adjudging in a degree,and increase large amount of social costs only.