High Altitude Parabolic Cause Person Damage Case Legal Problem Research

With the accelerating process of urbanization in recent years, row upon row of tall buildingshas become a synonym of urban modern contingent. But behind this bustling is always a scene ofdiscord-altitude parabolic cause damage, and the bustling city image sometimes has sometimesdamaged by it, altitude parabolic cause damage is like a time bomb threatening the safety of thepeople. Due to the damage caused by the high altitude parabolic cases unknown offender, andthe damage is not general infringement cases, so in the case of can’t can depend on, relief thevictim becomes the main purpose of some such cases before the court. In the "tort liability law ofthe People’s Republic of China (hereinafter referred to as the" tort liability law ") is not enactedbefore, because there are no clear rules, the court are also not identical, to the processing of suchcases in legal application on lack of unity, it has threatened the authority of law. Theory scholarshave carried out a deep discussion, but did not reach consensus, supplies ideas although "tortliability law" enacted in order to solve damage caused by the high altitude parabolic pointed outthe direction of the case, but involves some concrete problems still exist to explain.Firstly in the judicial practice are four typical cases of high altitude parabolic cause persondamage, that is, from chongqing "die in" ashtray, nanchang "die in the block," jinan "old boardshurt case" and "good" to the high altitude parabolic case in shenzhen, this paper sums up theresponsibility main body, the principle of imputation, the burden of proof, damages and so onfour aspects of the controversy is the court connection with different reasons. Combination ofliterature research and comparative law method based on the theoretical discussion of such casesof all kinds of theory, this paper expounds their existing rationality and defects of and support forthe application of the law theory, and USES the method of philosophy and value analysis methodto the evaluation of the current legislation, to discuss the rationality of its existence and becauseof the regulations are too general and the problems existing in the internal system as well as theapplicable law, and according to the current legislation, how to deal with these four typical cases,and concludes that although the present legislation has provided a legal basis to solve theproblem in such cases, but in specific details such as the ascertainment of the range of responsibility main body, the problem of distribution of evidential burden and the responsibilityand compensation limit Settings still need judicial interpretation can be satisfactorily resolved.However, the author thinks that the perfection of the law is just the needs of the particularconditions in our country at present stage, and cannot seen as a solution to high altitude parabolicthe outcome of the case, Because of such treatment for some innocent by the casualty is unjust.To maximize the realization of social fairness and justice, extrajudicial means is we need to seekthe solution of the high altitude parabolic cause person damage cases the ultimate relief way,namely from the social insurance and social security system, to solve the damage caused by thehigh altitude parabolic cases victims’ medical, life and so on a series of problems.