Legal Analysis On Cases About Damages Caused By Unknown Tossed Objects From High Buildings

In recent years, with the rapid development of our economy and the fast process of urbanization, the residents of the city are becoming denser and denser; the layout of the city is just full of skyscrapers. As the result, the casualties and disputes caused by the unknown objects from the high buildings are constant and these cases are continuous in our daily life. In some circumstances, the infringers are clear and it is easy to identify the responsibilities according to the relevant principals. Unfortunately, most often, the infringers cannot be easily identified, and in that case, it would become a challenge to defend for the right of the victims in the judicial practice. The different judge standards for similar cases such as Ashtray Cases in Chongqing and Chopping Board Cases in Jinan have aroused great controversy in the academic field.In2010, our country implemented Tort Liability Law, in which the87th entry unambiguously defines the compensational responsibility of the harm caused by parabolic objects, and based on that the dispute concerning the parabolic objects cases comes to an end. In spite of that, the disputes concerning the verdict of relevant cases are still wide spread. The author will analyze this kind of cases and put forward some proposals about setting up a remedy system boldly by analyzing several typically domestic cases.This paper can be divided into the preface and the body which is made up of four parts. In preface, the paper introduces the playground of the thesis and the necessity of studying this topic. And he body consists of the following four parts:Chapter one is concerned with the brief introduction of the three typical cases including its process and the consequence, and it also puts forward the research definition as well as the focus matters of these cases.Chapter two covers the discussion concerning the legal analysis and application about cases that are analyzed in the paper. This part is the main part of this paper, which will be analyzed from the following three aspects:The first one is the study on tort liability, that is, it is about the nature of the tort and the way of definition of liability issues. The second one is the study on qualified defendants, which means how to judge theses defendants living in above a certain floors are qualified from procedural laws. And the third one is the study on application of principal of liability of tort law, which will state whether it is reasonable to apply principles of presumption of fault when handling this kind of cases. Besides, the author also states her personal view of it.In chapter three, the author talks about the analysis on relevant articles of Tort Liability Law of People’s Republic. In this part, the author will introduce the personal opinion about the Article87in Tort Liability Law of People’s Republic and analyze its rationality and its defects.Chapter four is concerned of some legal thoughts aroused by these cases. The author fist introduces the relevant typical cases abroad and discusses the relevant provisions from the perspective of comparative law as well as comments on them briefly in order to find something valuable that can be applied in our country. Then, the author puts forward that such bold supposition that these cases can be ruled in criminal law is totally wrong and unpractical. Finally, the author comes up with some proposals on setting up a remedy system by perfecting our system of social insurance.