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According To The High Altitude Parabolic Tort Liability

Posted on:2013-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:H E HanFull Text:PDF
GTID:2246330371981841Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of The Times, people’s material life level has improvedtremendously, tall buildings, the resident of living is much also, no longer wellbetween the neighbors, some of the neighbors even name all don’t know, more do notunderstand the neighbor’s personality. Although living conditions have very goodimprove, but high altitude parabolic tort also common occurance.The first part of the introduction of the Shenzhen classic "glass case", the case ofFirst Instance, the second instance verdict and distinct basis, which also reflects thedifferences suggestions on infringement in the height of parabolic. The generation ofthese differences, derived from the provisions of the law is not clear, depending on theattribution principles to deal with diametrically opposite results. Academiccontroversy revolves around who should bear the responsibility for a more just andhas been debated. Formally implemented until July 2010 "Tort Liability Act",effective handling of high altitude parabolic tort losses caused to the victims, to quellthe controversy.The second part is a summary of the violations due to high altitude parabolicmatters of opinion, differences caused by different values. Weak and counter poverty,"the cost of prevention, prevention of harm," and the lack of clear defendant the valueof these three areas, the elaboration of the arguments pro and con, and finally be ableto come to our current legislation is to balance the parties view , which can bear theresponsibility of the victim maximum protection mode.The third part is centralization of the innovation points for this paper. The authorwill add "social relief", "insurance" and "property company" to high altitude parabolictort liability, as the main responsibility to assume tort liability. Hope the way theresponsibility, and can not only ensure the victim’s loss to get up, and can reduce theinnocent of the household life burden. The author these views, and economicconditions in the continuous development of the future, hope to be able to become a new direction in the legislation.
Keywords/Search Tags:High Altitude Parabolic, Tort Liability, Compensation Responsibility
PDF Full Text Request
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