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Comparative Study Of The Height Of Parabolic Responsibility System

Posted on:2013-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:J JiaFull Text:PDF
GTID:2246330374950923Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Prior to the announcement of the national Right Infringement Responsibility Law,on casesof right infringement for throwing objects from high buildings which the actor is hard to be found,different courts had come to different judgements. According to The Tort Liability Law,whichshall come into force in July1st,2010, in the87thprovision, it requires the “Maybe Perpetrator”to bear the corresponding tort liability of infringement, for fully relieving the victims. By whichmeans, if determined as “Maybe Perpetrator”, you would bear the liability, even though youdidn’t have the throwing act. As a result, at the first introduction of this provision, many personsliable refused to accept the judgement. With comparisons and analyses, the author found out thatin most of the developed countries, such as France, Germany, the UN and the USA, there’s nosuch a rule clearly defining this kind of situation, and when the throwing damage caused by theunknown actor, the responsibility should be on the victim’s own, namely the general torts liability.The author called this the general model. However, in China, Ethiopia and Spain which arerelatively underdeveloped, their tendencies of dealing with the responsibility are to make theowner or the user of the building have it even if they are not the real actor, the author called thisthe special model. The regulation of special model can be traced back to the Roman Times.The regulation of the general model is based on the theory of self liability; it’s obviouslylogical and suitable for the historical process which is rationalism dominated with the pursuit ofindividualism and justice along with the highly developed insurance system. While for specialmodel, there’s no such a fundamental theory for it as its assumption on the actor does harm to thefoundation of the law and is not logical. Yet it is also suitable for the historical background, whichis irrationalism dominated, collectivism and order valued with backward developed insurancesystem.“The life of the law is not just about logic, but the experience.” The formation of asystem will be more effected by the historical background than the logic only. Therefore theauthor approve of the regulation of the special model and The Tort Liability Law. In addition, it isalso believed that as China is increasingly powerful, the development on system will be moreperfect.
Keywords/Search Tags:things thrown off buildings, special mode, logical analysis, social analysis, rationalism
PDF Full Text Request
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