Study Of Civil Relief System Of People Injured By Throwing Object (Falling Object) With Unidentified Owner

Along with the accelerating of the process of China’s urbanization and modernization,high-rise building was rose straight from the ground one after another. But in recent years,people injured by objects throw off these high-rise buildings are more frequent than everbefore, worse more, throwing objects in high buildings cause serious threats to people’s lifeand property and has becoming one of the increasingly severe social problem. Therefore, theTort Law’s Article87has introduced cases of people hurt by throwing objects in highbuildings into its scope of adjustment; although this article had perfect shortcomings ofcurrent laws and regulations, it still causes arguments in academic circle, and in law practice.Refer to reality; the cases of people injured by falling objects from high-buildings oftenturn into a mess due to it’s impossible to pinpoint the real injurer. Because this kind of cases ishighly controversial, trails in different courts can yield quite different decisions based onvarious reasons. And the victim in the falling-object case suffers a lot of pain in physical andmental due to its special nature which both parties in this kind of case barely satisfied with theresult of judgment, consequently drove the dispute into a more serious situation. The functionfactors that need to be took into account during practice the Tort Law include social benefit,top priority on the agenda of Civil Law, and in correspond with further development needs ofdamage compensation system. Such kind of compensate regulation has no moral or legalaccuse against the responsible body. Indemnified standard and compensate standard havevariant differences in terms of purpose, legal evaluation, legal significance and social value.To study cases of people injured by throwing objects off high-buildings we need to work outis it can whether apply self liability or joint liability, thus we should seek from their naturerespectively. If we apply self liability to these cases can hardly identify a certain infringer thatnot only cannot make up for the victims’ loss, but also will add more burdens to them; andrefer to joint liability, other innocent owners of the certain building would involve in thepunishment. The newly published Tort Law will land in an awkward situation when facing theacademic disputes and practicing. The Tort Law cannot perfectly implement compensation collection to safeguard the legitimate rights of the victim, consequently can hardly yield a fairresult. Therefore we need to comb the entire regulation from its theory, and study the legalfoundation of civil liability in such cases, and then we should survey the legitimacy of theTort Law, eventually address confusion in theory and practice, accordingly work outappropriate adjustment for the regulation.To address the issues mentioned above, this essay start from the concept of the activity ofpeople injured by throwing object from high-buildings, analyzed its nature and distinguishedit from other joint dangerous activity and responsibility of falling of building and its affiliatedobject, and category types of this activity. This essay has argued civil liability generated in thecase and discussed such kind of case has its own and independent value idea, constitutiverequirement and doctrine of liability fixation. Based on the above-mentioned foundation, theessay demonstrated the necessity and major problem to complete the system of civil liabilityin people injured by throwing objects in high building; and studied substitute system for suchcase. The Tort Law has provide some reliable foundation in dealing with such kind of cases,and at the same time promote multiple civil remedy and compensation throughout the wholesociety, in order to meet various needs by parties in different situation.