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A Study Of The Collective Compensation System In The Context Of Personal Damage Caused By Objects Thrown From Buildings

Posted on:2012-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:X MaFull Text:PDF
GTID:2216330341452161Subject:Civil and Commercial Law
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The issue of personal damage caused by objects thrown from buildings originates from a real problem in Chinese judicial practice, and is also a controversial topic in tort law. The new"Tort Liability Act"provides some guiding provisions on the issue, but it has received a mixed reception in academic circles, revealing that society does not overly approve of the new rules. Thus, the aim of this paper is to clearly interpret the regulation within the scope of the current legal system, as well as suggest appropriate improvements.The first chapter of this paper clearly defines the scope of the issue of personal damage caused by objects thrown from buildings and limits the premise of this research. Through comparison with similar concepts the nature and characteristics of the problem are clarified to lay the foundation of this paper. The second chapter analyzes the judicial embarrassment that the issue of personal damage caused by objects thrown from buildings is facing, and reviews relevant foreign law while differing between and analyzing the varying theoretical approaches to the problem. This chapter makes clear the judicial predicament, laying the background for the introduction of the "collective compensation" system. Chapter three explains the process through which"collective compensation"was proposed, analyses the beneficial changes therein and puts the"collective compensation"system into the context of tort law. The chapter interprets and discusses the character of"collective compensation"from the perspective of elements of regulation, legal structure, etc, thus clarifying the framework of the system. The fourth chapter, based on what has already been established, uses the theoretical research method to perform a detailed analysis of the social basis, legal basis and real meaning of the"collective compensation"system, thus demonstrating the legitimacy and rationality of the system. The fifth chapter puts the"collective compensation"system in the context of the development tendency in civil law, tort law and multiple relief mechanism, reinterprets its practical positioning and provides some suggestions for the future direction of the system.This paper, through thorough analysis of current law, successfully determines the status of the"collective compensation"system. It uses comparative analysis, case analysis, jurisprudential analysis and similar methods to perform a detailed interpretation of the relevant provisions of tort liability law. The paper further sums up the result of research on the issue as well as scholarly analysis on the legitimacy and rationality of the"collective compensation"system. Finally, the paper presents some suggestions about the future direction of the system.
Keywords/Search Tags:Personal damage caused by objects thrown from buildings, collective compensation, tort liability act
PDF Full Text Request
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