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Resolution Aerial Liability For Damage Caused By Parabolic

Posted on:2012-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhangFull Text:PDF
GTID:2216330338459998Subject:Law
Abstract/Summary:PDF Full Text Request
In reality, high-altitude parabolic cause damage occurred from time to not only difficult to stop, and more frequent. New promulgation of the "Tort Liability Act," the eighty-seventh article:"items thrown from buildings or objects falling from a building on the causes harm to another, it is difficult to determine the specific infringer, in addition to the infringer can prove they are not foreign from the possible harm of compensation for use of the building. " It was like dealing with parabolic aerial cause damage when the case has given us a benchmark, but a closer look, we find that it is not. Our parabolic aerial liability for damage caused by the nature of human understanding, this provision in our law practice as a specific application, and so are even more blurred. This aside, "Tort Liability Act," the eighty-seventh Article provides that "falling objects cause damage," parabolic height only cause damage to a responsibility to resolve, trying to height of parabolic law liability for damage caused by human nature and the specific elaborate for such analysis in order to make high-altitude Liability for Damage Caused by Parabolic legal practice that the problem is more clear.This study is drawn on the basis of previous theoretical studies, on the upper parabolic Liability for Damage Caused by the comprehensive analysis and discussion, and strive for the height of the parabolic behavior related to the settlement of disputes arising to provide theoretical guidance to China civil law system more robust, and promote judicial practice of the times.This article describes the following four parts:The first part of the main content is the height of parabolic cause damage to the definition of responsibility, the main cause of the upper parabolic behavior of the concept and characteristics are described and analyzed with the building violations analysis behavior of falling objects violations, the difference between common risk behavior, and ultimately reached a height parabolic behavior is to cause damage to the conclusions of a special kind of infringements.The second part is mainly from the comparison of the perspective of the world, and Taiwan, Hong Kong on the height of parabolic cause damage to the responsibility of the relevant legal provisions and judicial practices to be described, by comparing to clarify the mainland of China Law on the height of parabolic cause damage liability provisions.The third part discusses the height of parabolic cause damage liability in our law applicable by the two-part analysis, comparison, in this part of the author of the height of parabolic cause damage liability in our law the application of the main body responsible nature of the content are described and analyzed.The fourth part is to summarize the above three parts, and described to enhance the prevention, strengthen the relevant administrative law or criminal law, regulation, or through the establishment of the State Compensation Fund by way of social insurance, parabolic aerial Liability for Damage Caused by the relief to legal disputes in this respect the treatment in practice to play the role of theoretical guidance.Because of the lack of knowledge and ability, this paper parabolic height of liability for damage caused by people not yet reached the depth of professional theories, their conclusions only one of the words, to be improved. Hope this article the effect of better ideas, theory and practice caused enough attention, and the improvement of relevant laws to provide practical recommendations for the judicial practice to provide more information and support...
Keywords/Search Tags:high altitude parabolic, tort liability, height of parabolic cause damage liability, compensatory liability
PDF Full Text Request
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