Theory Of The Offender Is Unknown When The Structure Of The Casting Material Cause Person Damage Liability Or Falling Objects

Tort Liability Law firstly prescribes the liabilities in the damages of the thrown objects offbuildings when caused by unidentified injuring person, which had solved the dilemma of no lawsto obey and different judicial verdicts in previous judicial practice. Then by turning the theory oflegislation to the theory of interpretation, it will promote the reasonable implementation of Article87in Tort Liability Law. However, the theorists has some reputes on the understanding andapplication of Article87, and judicial interpretation of Tort Liability Law hasn’t been issued.Thisthesis is produced under these considerations. I hope it can be able to contribute to solve thementioned problems.The discussion in this essay is divided into five parts and concentrated on the understandingand application of Article87. Firstly, apply the method of interpretation to define the basicconcepts and systems of the law, and lay a foundation for the next discussions. Then, based onChina’s judicial practice and legislative process, I put a detailed analysis of the important cases,scholars’ suggestion and the draft legislation.In this process, I will use the development vision tomake a comparison and analysis between the different stages of the judicial and legislativeachievements. Next, I will briefly introduce foreign laws, especially analyze the relevantprovisions of civil code in Roman Law and Ethiopia Law, for a better understanding of the Article87. The fourth part will analyze the liabilities in the damages of the thrown objects off buildings,from both vertical and horizontal angles. As a result, we can find the theoretical value and socialfunction of the Article87from the approving theory, and find the possible emerged problems andobstacles during the implementation of the Article87from opposing theory, which will achievethe purpose of legislation and suspend disputes successfully. I will try to oppose the opinion ofArticle87and go on the deeper due analysis, trying to obtain a breakthrough.The last part focuson resolving the possible emerged problems in the judicial practice. Through the analysis ofrelationship of application between the Article87and the related laws，the nature of compensationliability, the scope of compensation, the burden of proof, the right of recourse, and thecompensation for mental damage, I will put forward my own opinion and I hope that it will bebenefitted to the implementation of the Article87and the judicial interpretation, this is the aim ofthe full text.To sum up, by put forward the theoretical disputes directly and boldly, according to theanalysis of legal principle and system, I have a positive attitude and praise on the Article87. TheArticle87is a creative rules made by the legislature, experts and scholars based on judicialpractice of our country, and draw lessons from foreign advanced legislation. Despite there is aneed to clarify or even avoid, I believe that, by the correct implementation of Article87, thefrequently occurred problem of thrown objects off buildings can be solved successfully.