The Research On Civil Liability Caused By Unknown Tossed Object From High Buildings

The tort liability that unknown material flung from buildings causing damage is a special type of liability style. As it is difficult to find specific infringer, victims can't find the infringer to advocate the damages, they will be in a so disadvantageous position that there is no place to seek relief.Therefore, in order to protect the victims'public safety and legal rights, spread risk and maintain fairness and justice, In the recently released "Tort Liability Act"clearly states accountability methods of the incidents that unknown material flung from buildings causing damage, namely, the building users who could do the harmful thing by any possibility have to bear the compensation responsibility, whose nature is different from the"common risk behavior liability"and"building tort liability", and which is not true tort liability, but compensation for the damage victims suffered that given by who can not prove himself/herself are not the infringer to use the building in the certain range base on the principle of fairness.This is not only a institutional choice after legislators value the interests of every parties, but also a presentation of people-oriented concept, so It's reasonable in a certain extent. But the these provisions are only general principles that lack of all kinds of detail judgment proof and the applicable rules, so, it needs to be solved through judicial interpretation that how to confirm the scope of compensation liability, how to allocate specific compensation liability and how to determine "Possible Exerting Building Users", such problems are usually be met in judicial practice.Of course, "Tort Liability Act" is very limited in redressing the victim who suffer the damage for the unknown material flung from high buildings.so the relevant government departments should establish liability insurance, social security and other social mechanisms to cooperate and coordinate with "Tort Liability Act", in this way can a wide range of loss redress mechanism be established to redress victims and to protect public safety and interests.