High Altitude Parabolic Tort Civil Liability

The cases of things thrown off buildings,due to its special tort and controversial legal consequences, have always been a hot topic in academic research.The Tort Liability Law of the People’s Republic of China (Tort Liability Law) which is recently passed governs the tort caused by things thrown off buildings and fills up the legal gaps concerning the imputation of tortious liability caused by things thrown off buildings.This article causes considerable controversy, while other articles of the Tort Liability Law are widely applauded. What is the appropriate decision for law in the face of cases of things thrown off buildings?It’s not a simple question to answer. In order to find out the answers, this thesis is divided into the following five chapters.The first chapter defines the tort caused by things thrown off buildings. The key to this question lies in that the tort caused by things thrown off buildings does not belong to damages caused by object and is different from building liability.Based on the traceability to the source of roman law and considerations of relevant regulations in two legal systems, the second chapter draws the conclusion that the liability for damages caused by things thrown off buildings lies in respective focus concerning "joint and several liability rules","building liability" and "rules of res ipsa loquitur ".Each theory respectively includes the following spirits:"ensuring public safety","liability for damages causde by building","respect the experience of daily life".The third chapter analyses the similarities and differences between the aspects concerning the liability for damages caused by things thrown off buildings in China and points out the inadequacies of "equitable liability based on intrests balancing"、"building liability" and the theoretical and practical deviations of social security system.Artical87of Tort Liability Law enhances its function for damage compensation and also contributes to appeasing basic conflicts between "civil rights protection of victim" and "maintenance of freedom of human behavior". Thus,"appropriate compensation based on the principle of fairness" regulated in the artical87of Tort Liability Law is a tradeoff after interest game and balance. The fourth chapter compares two theories of tortious liability caused by things thrown off buildings in China. Besides, It points out the differences between "Presumption of Causation" and "Presumption of Fault"not only in contents of the presumption, immune conditions, but also in focused objects. Otherwise,this chapter has also reviewed these two theories from the function of prediction of law and justice."Presumption of Causation" changes the allocation of burden of proof, consequently, the risk of lost will be transfcred to large number of defendants,and is according with the value target of distributive justice, but is contrary to the function of prediction of law."Presumption of Fault" conforms to the experience of daily life and the function of prediction of law, but is contrary to the value target of modern tort Liability law because of persisting in "offender’s personal responsibility".The fifth chapter draws the conclusion that Tort Liability Law is in trouble for regulating tort caused bythings thrown off buildings:"Presumption of Causation"has some limitations in implementation of distributive justice;the vague word "compensation" is also a problem in the practical operation and even leads to inefficient relief to the victims.The introduction of liability insurance system will contribute to the implementation of functions of Tort Liability Law. In addition, its function of risk diversification and compensation of the victim could also lead to distributive justice.