Study On The Legal Liability Of Causing Casualties By Jumpers

Suicide by jumping has caused injury to others. Whether will the jumper be liable? What kind of legal responsibility will be committed to injuries? Scholars and judges have different views. In author's view, under normal circumstances, jumpers who have caused casualties have to bear not only criminal responsibility but corresponding civil liability. In such jumping casualties, no matter how much criminal responsibility the jumpers have to bear, what the victims and their families urgently need is how to solve a variety of medical fees and other costs. In other words, to the victims and their families, the civil responsibility may be more practical than the criminal responsibility. Tort Law of the People's Republic of China, which shall come into force in July 1, 2010, stipulates how to take responsibility in " falling objects causing injury ", but does not require this in "falling person causing injury". According to the provisions of civil law, it is derived in this thesis that in different environments, the subjects of civil responsibility may be different, and the civil responsibilities that every subject has to bear are also different. While there are many subjects who have the civil responsibility in such jumping casualties, in many cases, the victims are still difficult to get all or part of compensation, even the worse, the responsibility may fall in nothing. In this thesis, contrasting inside and outside, how to provide relief to victims are presented in the case that the responsibility falls. It is thought that the mandatory property liability insurance and public liability insurance are the best final solution.How to take legal responsibility in causing casualties by jumpers is introduced by the unfortunate female student Xiao Ruoxi injured by a jumper in this thesis. It is made up of three parts. In the first part, the different perspectives about the legal liability of the acts of jumpers which have caused casualties are discussed. In author's view, under normal circumstances, jumpers who have caused casualties have to bear not only criminal responsibility but corresponding civil liability. In the second part, different subjects of the civil liability in the acts of causing casualties by jumpers are analyzed. In addition to those who jumped, heirs and guardians, the property management companies and operators or managers of public places may take supplement responsible for security obligation borne by the principle of presumption of fault liability; insurance institutions shall provide compensation by the insurance contract; social security institutions and the public may provide social assistance. In the third part, how to relief the victims when the civil liability falls through is proposed: National Relief Fund, property liability insurance, public liability insurance. It is thought that the mandatory property liability insurance and public liability insurance are the best final solution.