By Falling Objects, Causing Damage To The Civil Liability Study

Along with the improvement of the material life level, the population gets increasingly intensive. With the limitedness of the space and the increasing of high structures, incidence of harm cases induced by uncertain falling thing is so high that can not be neglected by law. Because it is difficult to find out the tort object, and be lack of the corresponding regulation in the currently law, so that the adjudgements of the courts are so different, which badly affect the justice oneness. And how to safeguard the behoof of the victim and how to handle the cases caused by upper unknown falling thing have been controversies in juridical practice and academic circles.In the background, it is significant to study the liability of the upper unknown falling thing damage to person. The author adopts case analysis form in this text, and brings forward personal point through the comparative analysis of some theories. Article is mainly composed of preface, text and conclusion. And the text is divided into five parts.The first part, case.The second part, case introduction.The third part, the case controversial focus: (一) How to define the tort quality of Upper falling things damage to person? (二) What is the request base on the victim asking 10 householders for bearing the liability? (三) How to distribute the tort liability?The fourth parts, detailed controversy. Correlative doctrines are setting out according to some focus so as to cut the road for the latter comparative analysis.The fifth part, bringing forward the point according to the former case and the comparative analysis.First of all, the author summarizes the tort quality of Upper falling things damage to person, which is a kind of specific tort and unknown tort object. And it has three characters. First, tort object unknown. Secondly, generalization. Including the liability of things and action. Thirdly, these cases take place in the background of high structures.In the next place, the base of the victim asking the relative householders for compensation should be public safety doctrine. Besides, also taking pity on the lightweight, which is a basic position of civil law and the basic rule of tort law. The basic rules of civil law are all fair, but they are not absolutely fair.Again, the author agrees with the court adjudging the relative householders to bear the proper compensation on the victim according to the equal liability, which should be in the base of the both sides' belongings and else. Namely adopting share liability doctrine.Finally, the author brings forward the relative advice on the legislation, custody, justice and insurance rescue.