The Research Of Tortious Liabilities In Cases Of Things Thrown Off The Buildings

This is a crisis, full of damage society. The damage to person caused by things thrown off the buildings has been non-anecdotes with the rapid development of economic society and the gradual increase of high-rise buildings. Legal once bank caused terrible confusion to judicial practice, realistic demand prompted the production of the new law, but the theoretical contention has never interrupted. Infringement on the discussion of tortious liabilities in cases of things thrown off the buildings goes even father relative to the production of "People's Republic of Tort Liability Act " (hereinafter referred to as "Tort Liability Act"). Despite the introduction of the new law allows such cases to be resolved, but complicated disputes have greatly influenced the authority of the law. Therefore, the author thinks it is necessary to comb and discuss the various theories about tortious liabilities in cases of things thrown off the buildings and a comparative analysis of relevant legislation at home and abroad, and on this basis for our current legislation proposed recommendations.This article is divided into five parts in addition to the introduction and conclusion.The first part firstly introduces three typical cases, in order to show confusion in judicial practice of tortious liabilities in cases of things thrown off the buildings before the "Tort Liability Act" introduced and on such questions the necessity of legislation. Then sort out on the tortious liabilities in cases of things thrown off the buildings infringement in theory dispute, as the foundation for depth discussion below. Meanwhile, through a critical analysis of the current legislation points out it's defects.The second part through introduction and analysis of the current legislation, points out some problems about tortious liabilities in cases of things thrown off the buildings existing in the current legislation of our country.The third part through comparative analysis of the relevant legislation or case abroad, explains the background of cases about things thrown off the buildings and foreign legislative situation. By thinking this problem it provides some experience for the improvement of relevant legislation for our country.The fourth part is the focus of the article. The author puts forward his viewpoints by analysing the various theories about tortious liabilities in cases of things thrown off the buildings, the nature, criterion and undertaker of the responsibility are determined about things thrown off the buildings infringement. At the same time the basic theory of behind is also demonstrated. Through the analysis of multi-angles, showing the shortages of the current legislation.The fifth part takes the proposal to revise and improve our current laws, so that there is sufficient legal support to establish the authority of the law. Meanwhile, reasonable balance protection of civil rights and freedom of action and fundamentally protection of public interests can be made through establishing multi-level compensation or compensation system.