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Study On Responsibility Of High-altitude Parabolic

Posted on:2013-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2246330362473252Subject:Law
Abstract/Summary:PDF Full Text Request
The height of parabolic behavior has been repeatedly occurring is a serious threatto the safe of people life and property. In order to protect safety of the public,safeguard the interests of the victims, and promote the course of justice. Tort liability act,established the damage liability system of altitude throw things and falling objects.Thesection87of the act provides that: items thrown from the building or items falling fromthe building,causing damage to others,when it is difficult to determine the specificinfringer and can not prove that they are not the infringer,so those people will bear thedamage compensation responsibility.this provision adjusts the infringement type in ourmodern society by measuring interests. It provide a clear legal protection from theprocessing of the case of high-altitude throw things.At the same time, it also exposedmany of the problems in the judicial practice. I selected representative cases accordingof the time variation,and revealed the problems exposing in the judicial practicethrough the comparative analysis.In turn,it will lead a discussion of the problem ofobjects being thrown from a height. The first part of this understanding of the status ofthe height of parabolic cases.I will analysis of theoretical issues. The second part is theanalysis of the current legislative status.One part of it will discuss that:comparison offoreign legislation and related practices.The other discussion is about that: thedevelopment and current situation of domestic legislation.Then summed up thebeneficial practices and inadequates.Those measures will pave the way for the solutionbelow. The third part is the effective mechanism by of tort law and extrajudicial. I hopethese measures can form a workable implementation plan to provide a reliable basis andpractical approaches for the future handing of similar cases.
Keywords/Search Tags:height of parabolic behavior, infringement, relief, perfect
PDF Full Text Request
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