Study On Civil Liability Caused By Tossed Object From High Buildings

As the society develops, urbanization pace accelerate and high-rise dwelling house increases, the event caused by throwing objects form the high building to injure somebody occurs frequently. Under the condition of having unclear stipulation in legislation, in judicial practice, the judge of different courts have brought about chaos in the application of relevance law, which makes throwing liability from the building to injure somebody becoming the topic of disputes of every field in the society. There is complicated dispute about the throwing liability form the building that affects judicial practices and authority in the theoretical field. Therefore, "Tort Liability Low" enacted under Article 87, has important judicial decisions on the upper parabolic, and provides a legal basis and guidelines for the treatment of the infringement cases. However, we must clearly understand that everything has two sides, there are still its own shortcomings in addition to the value can not be ignored. Although Article 87 has made a clear legal provisions, but theorists still have many disputes, and practical has many difficulties in particular judicial practice. Therefore, the purpose of this thesis on "Tort Liability Low" the 87th analysis the value and its defect, and puts forward the views of the author. This article divided into five parts.The first part, the author analyzed the theoretical basis of tort liability of throwing rubbish form upstairs, discussed from the two aspects of tort and tort liability. this thesis demonstrates respectively in the process of the basic idea of using the method of civil law and the logic, it is concluded that aerial parabolic tort belongs to the category of general infringement, and unknown injuring person aerial parabolic behavior is only a particular behavior type. In addition, the author puts forward the victim of damaged deserved laws from the rights, obligations and responsibilities from the angle of the right, while injuring person, property manager, national as the undertaker that is faced with the obligation of tort shall bear the corresponding civil liabilities.The second part, the author describes the meaning, features and constituent elements of throwing rubbish form upstairs, as a special kind of throwing rubbish form upstairs infringement offender, its greatest feature and difficult is the person causing the injury is unknown. The author analyzes the meaning of section 87 of throwing rubbish form upstairs, at the same time, the author puts forward his own ideas to the various elements proposes.The third part, the author has a more detailed analysis on the theoretical basis of "Tort Liability Act" article 87. The author will be analyzed from the two aspects of its purposes and value. The 87th runs through the civil law of the basic idea of human-oriented and has corresponding value, its legislative provisions to protect the victim's rights as a fundamental purpose, and the theory circle has many ideas for its purpose and value, which provides theoretical basis. The typical representative of the theoretical basis has the responsibility of sharing by Professor Liming Wang and the joint liability by Lixin Yang. The author briefly analyzes the legislative requirements of the throwing rubbish form upstairs between China and foreign. After that this paper further tells the differences between other similar systems. The provisions about this aspect between Chinese civil law and foreign similar systems are compared.The fourth part, the author takes comments on "Tort Liability Low" article 87. The author compares article 87 with article 85 and draws two laws conflicting with each other, the author puts forward the article 87 legislative suggestions, the author thinks that the first 87 related theory isn't far from supporting all the possible harm by the owner which shall be jointly and is severally liable for practice, and the author puts forward his own opinions and views. The author thinks that the first article 87 cannot reflect its legislative purpose and value in judicial practice, and it causes the harmfulness consequences, influences social public security and harmonious stability, the article itself has inevitable defects and inadequate.The fifth part the author put forward legislative proposals on the liability of throwing rubbish form upstairs. To the victim relief should focus on the responsibility mechanism and risk scattered mechanism. The responsibility of the legal dispute mechanism belongs to the category, it is divided into the victim category, property manager bear and national alternative responsibility three aspects, however, risk scattered belongs to the social relief system mechanism, it is divided into insurance relief and category of social assistance funds two aspects. Based on the analysis of these resolution mechanisms respectively, the author thinks that social assistance funds can be regarded as a more reasonable choice.