The Research About The Relief Of The Damage Caused By Unknown Casting Objects From High-rise Buildings

In recent years, with the rapid development of urbanization, the number ofhigh-rise buildings starts to spring up, so it is with the accidents caused by theunknown objects casting from these high-rise buildings. Due to the nature of thecondominium ownership of high-rise buildings, it is difficult to determine the realinfringers in this kind of accidents. Therefore, how to make sure these victims to getthe legal relief they deserve is a practical problem that has to be dealt with by alllegislators. Before the existing of Tort Liability Law, as the General Rule of CivilLaw did not have specific clauses about the harm caused by the objects casting fromthe high-rise buildings, there is no definite standard to refer to when dealing withlawsuits of this kind. Therefore, the courts usually gave out different sentences. Then,the eighty-seventh article of the Tort Liability Law declared, in the form of law, thatwhen unknown building throwing object has been determined to cause any peopleinjury, the compensation liability is on the users of the building which might causedthe injuries. Since then, the liability system for damage caused by the unknowncasting objects from high-rise buildings has been established.In the liability system of the damage caused by unknown casting objects fromhigh-rise building, the harmful objects was casted from the building of which thecondominium ownership has been clearly definite, so the specific infringer is verydifficult to determine. Making the building users which might cause the injuries asthe liability body, they only have to assume part of the compensation responsibility.Meanwhile, there is also one condition which will enable the users to relive from thisliability to prove that they are not the infringers. This practice is able to insure thatthe victims can get the necessary compensation they need and also help to share loss,prevent potential damage and maintain the public safety, in the meanwhile, serve asthe motivation to find the real infringer. It is of great necessity to differentiate high-rise building toss act from other harmful behaviors, due to its fundamentaldistinction with collective dangerous conduct and also the danger from high-risebuilding objects.The above mentioned system that has been used to ascertain the liability of thedamage caused by unknown casting objects from high-rise buildings was largelyconcerned by both the practice and the study of legislation. This system put an end tothe awkward situation brought about by the different remedies in judicial practiceand also has contributed a lot to the legal process of our country. However, it alsoreceives some complaints at the same time. Letting the users of the high-risebuildings which might caused the injuries to assume the responsibility, not only lackof statement in theory, but also very difficult to implement in practice. The currentpractice in ascertain responsibility of high-rise building toss act does not accord withthe on-going lawful principle of imputation and also the fundamental composition oftort liability. In practice, there also emerge many problems such as the determinationof the defendant, ambiguity in the scope, standard and mode of assumption of thecorresponding liability. Furthermore, it is difficult for the liable body to exempt. Thispractice has gone against the justice principle of legislation, thus may has somemisleading effect on the public.More efforts are still needed in optimization of the practice in ascertain theresponsibility of the damage and injury caused by the high-rise building toss acts. Inthe modern risky society which the number of different types of accidents iscontinuously growing, not all infringement cases are able to get the victims to obtaintheir compensation. The proper practice should combine the claiming for thecompensation, liability insurance and also social assistance, so as to establish amultiple salvation system for victims of this kind. In consideration of the frequentlyoccurring accident caused by high-rise building toss acts, and in order to avoidinvolving too many innocent building users while ensure the victims to get the helpthey need, there is a necessity to refer to the trinity salvation system of trafficaccident, so as to further optimize the current liability system of high-rise building toss acts. On the basis of the eighty-seventh article of Tort Liability Law, implementthird party compulsory liability insurance system and set up a social relief fund forthe victims suffered from the accidents caused by the high-rise building toss acts.