The Research Of Throwing Objects Infringement

With the accelerated pace of urbanization in China, the high-rise residenceincreased rapidly, the throwing objects stabbing incident occurs frequently, whether itis “ashtrays case” of Chongqing or “wooden pier case” of Jinan, when judge dealingwith these cases, which rules should be followed is a very controversial issue beforethe introduction of the “Tort Liability Law”. With the formal implementation of theTort liability Law in2010, the section87of the law make a specific provisions for thesimilar problems. Users of the building who may implement the harm behaviorshould bear the compensate liability when we unable to ascertain the real perpetrator.They should assume the liability of reimbursement and they can get the exemptionwhen proving they are not the infringer, this is a unique and innovative rule of TortLiability Law.This article is divided into three parts: the introduction, the text and theconclusion. The text is divided into five chapters.The first chapter outlines the tort liability of throwing objects, including thegrasp of the tort law system and evaluate the section87of tort law, extract theimportant concepts and explain the connotation of concept from the whole system oftort law and the legislation significance, then get the main legal characteristics of tortliability of throwing objects, at the same time compared with the relevant conceptsthat we can accurately grasp the legal definition of the tort liability of throwingobjects.The second chapter deals with the composition of the tort liability of throwingobjects, including the range of the responsible subject and the reasonableness of theaccountability of joint and several liability. Proving our country’s tort law applies thebinary liability principle and the principle of presumption of fault.The third chapter is about the investigate of the extraterritorial legislation, startwith the legislative of Roman law period, respectively to inspect relevant provisionsof Civil Law and Common Law and compare with the relevant provision of ourcountry. Recognize the provision that worth learning. The forth chapter is about that we should make a perfect relief mechanism of thethrowing objects infringement to solve the limitations of the tort law in itsapplication.The last chapter is about the Tort Liability Law’s judicial interpretation ofProfessor Yang Lixin, Comment on thie proposed draft and make my own judicialinterpretation views.