Study Of The Responsibility For People Injury Caused By Unidentified Throwing Objects From High Buildings

With the high buildings enjoy a dramatic increase, people injury caused by unidentified throwing objects from high buildings happen time and again. Before the issue of the Tort Law, the relevant rules which people injuried by unidentified throwing objects from high buildings is extremely deficient, and this kind of case is complexity. All of these caused chaos----different judgement in the same legal case. After issuing the Tort Law, the side effects produced by relevant regulations should not be neglected, either. Furthermore, the jurisprudence of relevant law and the regulations itself are also have problems. This paper based on the former research achievements and makes a futher study, introduces the concept and characteristic of people injury caused by unidentified throwing objects from high buildings. Besides, distinguishes some relevant concepts, emphasis on the commenting of various theories in the current academic circles. In the end, on the basis of relevant practice, it raises some suggestions aiming at the Tort Law article87.In the first part, the author gives case review and derivation of the problem. Through the introduction of throwing objects from high buildings, leads what judgment will be given in the current Tort Law. Through the analysis of the verdict, gives the conclusion that according to the current provision what problems will exist.In the second part, the author introduces the related theory about people injury caused by unidentified throwing objects from high buildings. This part introduced the concepts, characteristics and the differences of people injury caused by unidentified throwing objects from high buildings. Through these theories the author clears up some similar infringements acts, and preliminarily concludes that the approach of these infringements acts are also different. At last, the author gives some related legislation examples overseas.. In the third part, the author gives the different academic opinions on people injury caused by unidentified throwing objects from high buildings. These different views mainly concentrated on two aspects: first is the responsibility subject. Some scholars think that the responsibility should be taken by all the buildings users, some scholars think that it should be response by the people which may be injured. What’s more, support insurance and salvage money should share the responsibility etc. Second is the responsibility method. The dispute of responsibility method mainly concentrate on the affirm of shares and joint liability and the application of the distinction between the damages and compensation.In the fourth part, the author comments on the academic views. The author is in favor of setting up the rescue fund based on the responsibility subject, and against the rest theories, analysis the rest of the theoretical basis and points out its shortage. At the same time, since the auther is in favor of setting up the rescue fund, there is no problem of the responsibility method. However, he still puts forward the objection on using of existing law "compensation", and makes the analysis.In the fifth part, the author gives some relevant law improvement suggestions on the basis of the earlier proposed. The author is in favor of setting up the rescue fund to make the law perfect. In this part, the author firstly gives theoretical basis to make the law perfect, and secondly lists the feasibility of the conditions of setting up rescure fund according to the related law. On the basis of comprehensive above, the author puts forward his own legislation proposals.