The Study Of Liability For Damages Caused By Objects Falling Off

The system of damages caused by work instrument has existed sinceancient times, but it doesn’t lose the value for the old. In recent years,With development of society and economy, the speeding up of theadvancement of urbanization, life rhythm is increasingly fast, thecommunication of each other is frequently day and day., high buildingsare denser and denser, all kinds of auxiliary service facilitiesrelated to this are increasingly perfecting, which lead to more and moreaccidents caused by buildings. Compared with the relatively mature andlegislation, some weak Points still exist in the legislation in thisaspect of our country, the eighty-five of the Law of Responsibility on Rights Violation in2009, which regulated about liability for damagecaused by objects falling off, giving legal workers new basis when theyresearch and deal with such infringement case, but for the responsibilitysubject, causing damage system, exemptions and bearing forms of liability,theory circle has ever been disputed. In judicial practice, the cases ofcourts also have differences. This thesis is based on law interpretation,through discussing the origin of building tort liability, and comparedwith the law of foreign countries, In combination with the judicialpractice, focuses on the Comprehension and Determination of the damagecaused by objects falling off in Law of Responsibility on Rights Violation.The paper is composed of three following aspects:Chapter1: The basic theoretical analysis of liability for damagecaused by objects falling off. It is pointed out that the problems ofdamage caused by objects falling off in China’s judicial practice.Introduce the origin and development of work instrument. Analysis andcomparison of other countries in the world that the characteristics ofthe work instrument and the regulations of China.Chapter2: Constitutive requirements of liability for damage causedby objects falling off. This part will focus on the constitutiverequirements of liability for damage caused by objects falling off.Research on the meaning and range of object and responsibility subject，the determination of causal, and supervisor’s types.Chapter3: The liability undertaking of liability for damage causedby objects falling off. This part analysis the imputation principles ofliability for damage caused by objects falling off. Emphasize thenecessity of presumption of fault for this kind of infringement case. Thenit introduces kinds of reasons for counterarguments: the force majeure,the victim’s fault and the third party’s fault. At last, I will discussthe relationship between responsibility subjects, the reclamation relationship between responsibility subject and the third party, thesharing of liability when both sides have no fault, and putting forwardsome suggestions on the basis.