Tort Liability Of The Building Collapse

Most of the reasons for building collapse are attributed to the quality, or partly to improper decoration ways and third party's fault. "Tort Liability Act" divides the Section 126 of "Civil Law" into two independent parts, which is, "Tort Liability Act," Article 85 and Article 86. The Article 86 specifies the provisions for building collapse, which will intensively explore the core of Damage Liability.Firstly, through comparative analysis, the author introduced Chinese and foreign legal systems about Damage Liability, and relative regulations in many Chinese legislations from "Qing Dynasty Civil Law" to "Tort Liability Act".Secondly, the author described the composition of buildings collapse Damage Liability-----Liability Principle and the Elements of sub-two themes. After analyzing "Object Damage Liability" in foreign countries the author concluded that Section 86 of "Tort Liability Act," should not adopt simply presumption of fault or strict liability is also responsibility, but should learn from the Japanese experience in civil legislation, with responsibility for mining, featuring the presumption of both strict liability and fault liability with different levels of obligations for different subjects of liability.The third part analyzes Damage liability for collapsed buildings Subjects of liability are various because of different collapse attribution. The new version of "Tort Liability Act", which entered into force lately, attached great importance on the previous legislative loopholes, and increased such terms as design unit, construction unit and other responsible persons (including design, inspection, and supervision units). It regards these responsibility units as subjects of liability to improve victim protection.The final part of these paper explained major problems existing in Section 86 of "Tort Liability Act", and proposed some solutions.