Research On The Damage Responsibility Caused By Falling Objects From Buildings

With the large increase in high-rise buildings, the damage cases by objects falling from the buildings also increase. In the case of an unknown perpetrator, the law in the dilemma between the protection of victims to compensation and protection of acts'freedom:how to protect the victims, while taking into account the behavior's freedom of the senior residents. The introduction of Tort Liability Act seems to solve this problem, the responsibility of damage caused by objects falling from the building, but theorists and practitioners are still held different views. In this article, the author introduced the handling and theories of the damage caused by objects falling from building before "Tort Liability Act," analyzes the rationality and scope of constructive behavior system and the civil compensation system in the "Tort Law", take an observation of responsibility for damage caused by falling objects and similar responsibility on comparative law, And take a reasonable thinking about the introduction of vicarious liability of the State and insurance in the responsibility of damage caused by objects falling from building, came to the conclusion of my own legislative proposals.Specifically, except the introduction, thanks, reference, the article includes five parts:First, The practice management and theory of the damage caused by falling objects. Two more representative ways of the practical dealing:adjudge all the possible households shared the responsibility; the court rejected the plaintiff's sue for the lack of clear and specific defendant. There are tow theories:positive and negative. The positive theory demonstrate its theory from the concept of tort law, the realization of justice, the prevention of similar accidents, damage-sharing, the basic position of civil law, civil liability of the Property and the protection of the public interest. The negative theory refutes the positive theory in these aspects that can not achieve legislative goals to reduce the accident, the elements of transfer damage and their own nature of the damage caused by falling objects from buildings.Second, Analysis of the legal liability provisions of the falling objects from building in "Tort Liability Act ". This section firstly analyzed the eighty-seventh article of the "Tort Liability Act", confirmed that their theoretical basis is the reason which"positive say" upheld, the responsibility belongs to compensation arising from the behavior-based presumption. Then, by analyzing the theoretical basis of this article, studying the rules of presumption of fault and causation, and the own specific meaning of rules in conduct's presumption, analyzing the legal characteristics and basis of the civil liability, concluded that the eighty-seventh article was unreasonable.Third, The comparative observation about the responsibility and similar responsibility caused by damage from falling objects. This section focused on analysis of relevant regulations in Ancient Rome, Germany, France, Japan, Switzerland, the United States, Ethiopia and others. Roman law stated the "throwing down and throwing the responsibility "; Germany, France, Japan, Switzerland and other countries not provided the articles about the responsibility of damage caused by falling objects, but the damage caused by the overall building and its attachment. America applied the rules of the "fact is a witness" to deal with this damage. Ethiopia provided that the occupant of buildings took responsibility. Although these provisions vary, but the basic principle is same, that is, when perpetrators unknown, the users of buildings of can not undertake the victim's loss.Fourth, Consideration of the idea about introducing the vicarious liability of the State and insurance in damage liability caused by building falling objects. In damage liability caused by building falling objects, some scholars suggest to introduce the vicarious liability of the State and insurance. The so-called vicarious liability is the responsibility for the damage caused by other people's behavior and objects controlled by responsible person. The definition and elements of the vicarious liability, decides it is unreasonable to introduce the vicarious liability of the State in damage liability caused by building falling objects. At the same time, regardless of accident insurance or liability insurance, the introduction is reasonable in damage cases caused by building falling objects.Fifth, The legislative proposal of the damage responsibility caused by building falling objects, when perpetrators are unknown. Through analyzing the current legislation and examining the relevant provisions of other countries, this part provided three recommendations:First, strengthened the prevention, punished the person who stacked or hanged objects in balcony; Second, strengthened the effort of Case detection; Third, when the damage was serious, but offender was unknown, the State should give victims appropriate compensation.