A Research On Civil Infringement For Throwing Objects From High Buildings

In recent years, cases of infringements for throwing objects from high buildings have frequently occurred, causing series of severe damages. So far, some achievements of theoretical research on the infringement of this kind in China has been obtained, but the lack of the legislation and flaw in juridical practice still result in numerous of puzzles and disputes. Although the enactment of national Right Infringement Responsibility Law has filled in the legislation lack to some extent and offered some lawful guides for this kind of infringement cases in juridical practice, there are lots of remaining questions ought to be discussed.This essay is divided into five parts:In the first part, some basic issues on civil responsibility for throwing objects from high buildings will be analyzed. Analyzing the civil theoretical definition of throwing objects from high buildings and the comparison among normal infringement acts, joint (?)us acts and damages related to high buildings, the basic features the special infringement acts of this kind will be discovered.In the second part, the particularity of throwing objects from high buildings Infringement is involved. It mainly contains the reasons for main part of infringement, infringement act, infringement consequence, subjective fault and causality.In the third part, the imputation system of throwing objects from high building infringement will be discussed. Starting with the imputation principle, compare and summarize all kinds of theories related to this question, then author’s views will also be provided in this part. Besides these, author’s views on the division of infringement responsibility among main parts will also be included.In the fourth part, an analysis of existing legislation and some suggestion of its (?)tion will be provided. Author mainly dissertates some achievements and deficiencies of the Article 87 of Tort Law and subsequently offers some legislation suggestion. In the final part of this essay, based on the discussed deficiencies in the above part, author offers some advice on perfecting the legislation, social security and remedy system.Based on summarizing the previous researches on infringement act of throwing objects from high buildings, this essay aims to sum up the definition of throwing objects from high buildings infringement, its component and imputation system. According to the research on existing legislation, author provides with a number of viewpoints and advice on perfecting the legislation.