Research On Tortious Liability Caused By Tossed Object From High Buildings

In the recent years, the case of tortious Liability Caused by Tossed object from High Buildingshappens frequently. We can see from " Chongqing ashtray case"," Jinan wooden pier case"," Shenzhenglass case" that the decisions are different in each district court. Article87of Tort Law of the People'sRepublic of China which is promulgated in2009conclude tortious Liability Caused by Tossed objectfrom High Buildings, however, this article causes controversy in legal theory area, brings manydifficulties in judicial practice area. At first, this paper analysis article87of Tort Law in theory, thenanalysis predicament of application of the article87of <tort law>, finally, this paper make modificationproposals about article87of <tort law>.there are six parts in this paper:Introduction: this part introduces three typical cases of tortuous Liability Caused by Tossed objectfrom High Buildings in china, concluding the facts of the cases, the decision as well as the grounds ofdecision.Part I: Summary of tortious Liability Caused by Tossed object from High Buildings. This partintroduces the concept and Features of tortious Liability Caused by Tossed object from High Buildings,then compare tortious Liability Caused by Tossed object from High Buildings with the Relevantconcepts including building liability and Civil Liability of common peril behavior, By its very nature,tortious Liability Caused by Tossed object from High Buildings is different from building liability andCivil Liability of common peril behavior.Part II: criterion of liability of tortious Liability Caused by Tossed object from High Buildings.firstly, This part introduces the theory of criterion of liability, secondly, Analysis the criterion of liabilityof the article87of <tort law>. criterion of liability of this article does not belong to criterion of liabilityconcluded by <tort law>.Part III: elements of tort of tortious Liability Caused by Tossed object from High Buildings. firstly,This part introduces the theory of elements of tort, secondly, Analysis elements of tort of the article87of <tort law>,it only has the element of damages, not conforming to the elements of tort concluded by<tort law>.Part IV: The shapes of liability and modes of assuming liability of tortious Liability Caused byTossed object from High Buildings. firstly, This part introduces the theory of The shapes of tortiousliability, secondly, Analysis The shapes of tortious liability of the article87of <tort law>,it is neithersuitable to myself liability nor Alternative liability. About modes of assuming liability, this part analysisthe mode of indemnity according to the functions of <tort law>, in all, mode of indemnity is neithersuitable to the functions of <tort law> nor to the spirit of liability of indemnity concluded by <tort law>.Part VI: predicament of application and modification proposal of the article87of <tort law>:article87of <tort law> will bring much trouble: it may cause moral risk; It adds more burden ofattending suit to the users of the building who possibly commit the tort; it lacks the concrete causes ofexemption, the users of the building who possibly commit the tort have heavy burden of proof.Modification proposals about article87of <tort law> include: limiting strictly the application of article 87of <tort law>;concluding clearly the scope of the users of the building who possibly commit the tort;providing clearly the causes of exemption; making the standard of indemnity clear.