Analysis On The Tort Liability Of Throwin Objects From High Buildings

What this thesis refers to throwing objects from high buildings means a kind of infringement occurring in condominium buildings, and its biggest feature is difficult to affirm who threw objects, resulting the difficulties to distribute liability for tort. Although the eighty-seventh clause of our country’s tort law has made the provision for this kind of infringement, the provision confronted the academic community’s heated debate as soon as it was promulgated. Also, because the legislators lack confidence, some aspects of the provision in this clause is ambiguous, increasing the difficulty in judicial application to a certain degree. It can help us clarify the tort liability for throwing objects from high buildings by using the method of economic analysis, so this essay has practical significance.Through studying on the imputation principle, the distribution of the burden of proof, bearing of the civil liability for the infringement of throwing objects from high buildings by means of the economics theory and analyzing tools, this paper is to rectify the wrong opinions of some people on the related clause, on this major premise, it also points out some flaws and loopholes existing in the provision.This paper is totally divided into four parts, the main contents are as follows:The first part starts from the characteristics of the behavior of throwing objects from high buildings, to define the type of the violations studied in the paper; and then points out the necessity of studying the tort liability for throwing objects from high buildings by a typical case; what’s more, the part also gave a brief introduction of the basic theory, basic principles and major methods of analysis of the economic analysis on the tort liability for throwing objects from high buildings.The second part analyzes the imputation principle of the tort liability for throwing objects from high buildings, mainly by cost-benefit cost analysis methods and social cost analyzing tool. Firstly, it introduces the classification of the imputation principle of the tort liability classified by the traditional legal scholars, and points out the problems of this classification; secondly, it reconstructs the classification of the imputation principle of the tort liability by means of economic analysis; and then, it puts forward the views of refuting to those theories of the traditional legal scholars on the imputation principle of the tort liability for throwing objects from high buildings; Finally, it points out the imputation principle which should be applied in the tort liability for throwing objects from high buildings by the use of the method of economic analysis.The third part, analyzes the necessity of a shift in the burden of proof of the tort liability for throwing objects from high buildings in the respect of the distribution of the burden of proof. This section briefly describes the basic theory of the distribution of the burden of proof, states the economic principles of the distribution of the burden of proof, and then on the basis of these principles, it point out that the defendant should bear the burden of proof with respect to injury behavior of the tort liability for throwing objects from high buildings.Part IV is the key part of this thesis, it discusses the problems about the responsibility assuming of the tort liability for throwing objects from high buildings. This part involves the character of responsibility, the subject of responsibility and the mode of the responsibility assuming of tort liability for throwing objects from high buildings. Considering that the scholars’criticism and queries about the provision mainly focus on the legitimacy of the subject of responsibility, this part puts emphasis on the statement of the subject of responsibility of tort liability for throwing objects from high buildings. Meanwhile, the section also made suggestions for improvement on some details of China’s legislation.Through the analysis of the four parts, this paper has comprehensively analyzed the provision on the tort liability for throwing objects from high buildings in a new angle of view of economics, hoping to provide useful help for the judicial practice and the relevant judicial interpretation in the future.