Damage Caused By The High Altitude Parabolic Relief Way Research

Modern society,the case of throwing things from high buildings requency to send. For such cases, before the promulgation of the tort Liability Act, the absence of clear legal provisions, judicial practice had a different result,some courts use of tort law principle of presumption of fault,or together dangerous behavior system, or building responsibility to process. determining the inhabitant undertake common liability of compensation,but, but some courts reject the plaintiff lawsuit request of requesting the building commuter to undertake the corporate responsibility because of not expliciting defendant. In order to unify the judicial practice of dealing with this kind of problem, the infringement responsibility law87th has clearly stipulated:when occurs damage,the inhabitant who may throw some things must undertake the compensation responsibility. Although this unified judicial practice is conducive to the protection of victims, but still suffered many of the questions sound. The Intent and purpose of writing this article is to point out that:lets other innocent building commuter undertake the responsibility is lacks the validity foundation,in this case, may adopt a comprehensive Level of protection mode. Does that make property management to look at the necessary security safeguards obligations, if the property management company did not do the necessary security guarantees to their obligations, then they would take the appropriate compensation for victims within the damages, if the property to make to their Obligations, and can take advantage of social insurance and social security system to be relief for the victims.This articleis mainly composed of three parts the introduction, the main text, the conclusion.The introduction has enumerated three different ruling case, pointed out that the case already to become the focal point which the judicial practice and the society argued, thus drew out the subject which this article needed to discuss text is divided into three parts, first part is an overview.the second-part and third-part study responsibility and Remedies. Specific arrangements are as follows:The first part introduces related concepts,characteristic, essence and being suitable about related system.Pointed out that its essence is choice question based on the measure benefit. The principle of presumption of fault, common risk behavior system, building responsibility does not adapt this case. The second part analyzed responsibility,pointing out that inhabitant should not undertake the responsibility in thecase of damage by objects thrown from high building,because inhabitant do not have foundation to undertake responsibility, in other words,they do not have the basis of the principle of assumed liability-the fault and no-fault principle of the responsibility. Fair responsibility do not be used as basis to let inhabitant take responsibility.the third part Inspection overseas related system about relief way of damage by thrown from high-building. I believe that the property management must bear liability for damages bacause if the have not fulfilled the security duty. Simultaneously,I analysis merit and shortcoming of insurance,social security system,pointing out that insurance,social security system are effective ways of relief,but,these system Still imperfect In the current circumstances.so,we should Further improve and promote Insurance about relieving damage by thrown from high-building.at the same time,we also should expand the scopeand intensity of social security and protection.Conclusion is the summary of this article...