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Research On Liability For Unknown Substance Thrown And Falling From High Buildings Virulence

Posted on:2015-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:X C LiFull Text:PDF
GTID:2266330428957470Subject:Civil and Commercial Law
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social economy develops very fast, setting off a wave of urbanization process, largenumbers of people have flocked to the city to live, resulting in high buildings graduallyincreasing, the consequent damage case caused by unidentified throwing and falling substancein real life almost occurs every day in the event. High building of unknown substance into thefalling exist significant security risk. It is not only to the victims causing serious loss, butalso giving an negative impact on society. Tort Liability Act, before the introduction of highbuildings into the falling objects unknown virulence cases already exist, such as the typical "Chongqing ashtray case"," Shenzhen ceramic case "," Shenzhen Nanshan good to Habitataltitude parabolic case." But uniform legal standards for similar cases around the courtverdict is inconsistent, which at the time of the theory and the judiciary have caused intensecontroversy. Tort Liability Act enacted,"Tort Liability Act," Article87of the generation ofhigh buildings for the judges to hear cases of damage caused by unidentified objects throwingand falling provide a legal basis to make up for high buildings of laws concerning thingsunknown throwing and falling virulence cases legal gaps, but this does not mean that we aredropping the material damage caused by unidentified high building systems research or studyon this full length. Because Chinese " Tort Liability Act" Section87, there are still manyproblems, system design also flawed, the most important issue is the allocation of the burdenof proof and accountability issues. In this paper, high buildings from damage caused by anoverview of the unknown into the falling objects, foreign object damage caused by highbuildings is unknown throwing and falling comparison and reference systems of highbuildings, unknown virulence system into the falling objects and other aspects of thelegislative status quo analysis, our senior unknown throwing and falling substance virulencesystem construction material progress and lack of high buildings on the property damagecaused by unidentified throwing and falling substance perfect Legislation put forwardreasonable proposals.This paper is divided into four parts:The first chapter overviews unknown substance thrown and falling from high buildingsvirulence. By dropping the material damage caused by unidentified high building concepts and analysis of the characteristics of the material damage caused by unknown thrown andfalling substance from high buildings. Through the use of comparative analysis and logicalanalysis method, the high building damage caused by unidentified substance into the fallingbuildings and other facilities with virulence, common risk behaviors were distinguished.Analysis of high buildings is not an ordinary unknown thrown and falling violations describedin previous court sentences will rise building damage caused by cases of unknown substanceinto the falling buildings and other facilities in accordance with the provisions of tort andcommon dangerous behavior for processing approach is unreasonable. Thrown down from thehigh building material unknown virulence systems theory perspective, analyzing thereasonableness of its existence, and the use of value analysis method of high buildings intothe falling objects unknown virulence system analysis, analysis of high buildings into thefalling objects unknown virulence regime legitimacy.The second chapter is comparing foreign unknown substance thrown and falling fromhigh buildings virulence system, and expounded on our national legislative reference. Inother countries, there has long time been thrown down on the high building material ofunknown substance thrown and falling from high buildings virulence system relatedlegislation. The chapters were summarized in civil law and common law countries for severaltypical high building damage caused by unidentified legislation system, which implies thatthe foreign legislation is worthy of our reference place. For example, about the burden ofproof, economic analysis methods, our lawmakers are worth considering. Foreign relatedlegislation can learn and be perfect place for analysis on national high buildings on theproperty damage caused by unidentified thrown and falling substance Perfect Legislation togive inspiration.The third chapter is on national the unknown substance thrown and falling from highbuildings virulence analysis of the status of the legislation. Firstly, through the unknownsubstance thrown and falling from high buildings virulence responsibility principleconstituent elements exemptions, duty, evidentiary issues bear their ways specific analysis.Elements on tort liability when analyzing the use of case study method of analysis of eachelement one by one. Reaffirmed the Tort Rights Responsibility Law87prescribed Rationality:clear accountability body, the responsibility assumed responsibility principle in such manner, as well as exemptions and other issues, but found it in the theoretical aspects and practicalaspects of some of the shortcomings.The fourth chapter is based on the preceding three chapters on unknown substancethrown and falling from high buildings virulence system specific analysis, the use of thedialectical method of analysis on our national Tort Rights Responsibility Law the provisionsof Article87assess from that reflecting the fair principles and playing a social function in TortLaw recognizes the two aspects of its progress; from accountability, exemption conditionsand recovery issues found it inadequate. Finally make clear Tort Rights Responsibility Law,Article87legislation is on the basis of value orientation expounded on national high buildingsto physical damage caused by unidentified thrown and falling substance improves the system,the feasibility of the proposed legislative suggestions for improvement. In improving thelegislation, the author mainly elaborate from the burden of accountability, distribution ofproof responsibility, victims seeking relief and other aspects.
Keywords/Search Tags:unknown substance thrown and falling from high buildings, virulenceimputation principle, responsibility assuming, compensate
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