The Discussion Of Liability For Damage Caused By High Throwing Objects

The provision of article eighty-seventh of The Tort Liability law is"Building in throwing items from falling from buildings or items and causesdamage to others, is difficult to determine the specific the infringer, except toprove not the infringer, may harm by the building user compensation".Thisclause after the promulgation of the dispute for larger high altitude paraboliccause person damage cases provided legal basis, maintain the victim'sinterests.But The Tort Liability law is questioned by many jurists, and in thejudicial practice also meets many problems, mainly displays in the followingthree aspects. First, the definition of the range who is the main body ofresponsibility is not clear, though no longer appear because of the lack ofbodies the case was dismissed, but in a certain extent can expand the main responsibility scope and increase the number of innocent persons responsible.Second, in such cases the burden is not reasonable in the tort liabilitylaw.The court also judge more numerous owners to undertake compensation,and the reason for judgment is can not rule out the possibility of hisinfringement. From view of the defendant, on its own strength is hard toprove their innocence, and law did not make detailed explanation, So for thedefendant is very bad. At last, from the view of compensation scope andamount, the court ruling is different in the same case, let more innocentpersons can not accept it in psychological.In this paper, the author combined The Tort Liability Law of ThePeople's Republic of Judicial Explanation Proposal Draft (hereinafter referredto as the judicial interpretation proposal draft),detailed accounts threeproblems and puts forward some improvement.Suggestions. This paper isdivided into four chapters. The first chapter points out that the court dealswith such cases point and characteristics through the cases before theimplementation of The Tort Liability Law. And this chapter points out thespecific problem through the cases after implementation of The Tort LiabilityLaw. The second chapter basically introduces the article eighty-seventh ofThe Tort Liability law about the main body of responsibility, and put forwardimproving suggestions connecting with the article one hundred and thirtieth of The Judicial Explanation Proposal Draft. The third chapter basically tellsthe irrational of the burden, combined with the article one hundred andtwenty-ninth of The Judicial Explanation Proposal Draft, presents the author'sadvices. The fourth chapter basically introduces the defects in compensationscope and amount and presents suggestions. Finally, the author suggests thegovernment and society can compensate the victim through various reliefways, so can realize social justice.