The Research Of The Buildings Responsibility

With the accelerating of urbanization, there is an obvious increase of accidents occurred dueto building drop, crash and collapse, which might result in serious physical injury. Shanghai floorcrunchy critter event has become a hot issue among our society. Consequently, quality problem isbeing highlighted. In order to improve legislation system for defending the civic legal benefits, theresponsibility of construction has been further demonstrated in detail by article85and article86inTort Liability Law compared with article126in General Principles of Civil Law. Clarifying the keycomponents of the responsibility of building and the legislative intent of lawmakers gives asignificant meaning to defining the act of tort and vindicating one’s legal rights and interests.Based on law rules, this thesis analyzes the comparison of national and foreign legislation; fromdefining the object and subject of responsibility, affirming the fault and the basic theory on criterionof liability and undertaking the duty, it respectively analyzes duty of the damage caused bybuilding drop, crash and collapse and the key components of it regarding to article85and article86of Tort Liability Law. Referring to article85, this essay considers that the way of damage whichshould be taken responsible for shall not only be narrowed down to “drop, crash and collapse”.However, the idea of “defects of setting and managing” shall be introduced. Furthermore, theliabilities among different parties must be independent liability instead of joint liability. In addition,while defining the fault, the distribution of liability can be evaluated according to the degree ofcausation. As to article86, duty between project undertaken unit and construction unit must beliability without fault. The two meanings of “other responsible person” are different. Finally, theauthor thinks that the building liability system shall be further developed; an all-inclusive provisionshall be set up for” building liability” and the accountability mechanism of subject of liability shallbe improved. At the same time,“the equitable liability principle must be established.