The Discussion Of Liability For Damage Caused By Building Throwing Objects

In China,the person damage case of building throwing objects,emerged with thegeneration of building distinction between ownership. For such cases,there have beenso much academia reviews,some scholars argue that these cases should be adjusted inaccordance with the general theory of tort liability, some suggest that such casesshould be regulated in accordance with the special principles of tort liability. however,a part of scholars believe that such cases should not be adjusted according to the TortLiability Act.By analyzing the Principle of attribution and the constituent elements of thesecases, I belive that such cases is different from the general tort cases and do notbelong to the special infringement cases.However, incorporate these cases in the TortLiability Act’ adjustment range is suit to China’s current situation. At the same time,combining with the laws of some Western countries the author intent to evaluate theArticle87of Tort Liability Act and to use the social security system to achieve thebalance of interests between all parties.The article is divided into five parts, the first part, demonstrate the necessity ofresearching these types of cases by some typical cases. The second part,the maincontent is about the theoretical statements of this type of cases,the purpose is todistinguish it from some similar concepts such as common risk liability、risk liability、 buildings and other facilities tort liability and so on. The third part is to put forward aseries of suggestions for improvement by analyzing the reasonable and shortcomingsof our current law.Fourth part,to learn some western countries’ advantages of similarprovisions.The last part,I will promote some more appropriate channels to wish solvethese cases well.