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Casting Object Is Unknown Cause Person Damage Of Tort Liability

Posted on:2013-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:X S WangFull Text:PDF
GTID:2246330374454625Subject:Law
Abstract/Summary:PDF Full Text Request
Along with our country the construction pace of urbanization, the people’s livingenvironment have significantly improved, buildings have sprung up, but subsequent isunknown actor of high altitude throwing books that emerge in endlessly, and hasbecome the social problem that can overlooked, often such cases show that this tort isnot a kind of extreme individual violations, and has become a special type ofinfringement. How to balance the victim and innocent residents of legitimate interestsbecame the focus of such cases.The law of the People’s Republic of tort liability law enacted before the judicialpractice on the tort liability without the laws, a similar case of the verdict is quitedifferent. The tort liability law when, to high altitude throwing things tort liability madespecific regulations, the provisions of the laws of the fill the blank, for suchinfringement cases provides a legal basis. But at the same time, at altitude unknownthrowing things cause person damage tort liability, how to determine the responsibilityof the person, still has a controversial field.In this paper the author stood in the direction of the relief to the victim andstandpoint, to the unknown throwing things cause person damage of tort system, andbased on the domestic and foreign relevant system, analysis of China’s laws on theoutbreak of the provisions of the unknown things responsibility, and then put forwardsome suggestions.
Keywords/Search Tags:damages caused by articles thrown from the building without confirmablethrower, right infringement, imputation principle, responsibility assuming
PDF Full Text Request
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