The Research Of Tortious Liabilities In Cases Of Things Thrown Off The Buildings

As the expedition of the city’s modernization, there are more and more tall buildings andunavoidable tort case happened because of throwing things off the buildings. Not only a greatlost for the victim, but also has huge influence for our society. Before tortious treat actualized,different regional courts have the different results for tort case of throwing things off thebuildings, especially similar cases have opposite results, it has a great dispute in theory andpractice. Although tortious responsibility treaty has a definite cognizance for tortiousbehavior, while still exist many problems,such as distribution and charge of the responsibility.The purpose of the thesis is that analyze the theory and practice, find the deficiency oftortious responsibility, then confirm the responsibility charge and style, and put forward thedamage compensate theory.The paper is divided into four parts:The first section describes the height of parabolic violations identified, including thebasic concepts of tort by the height of parabolic, characteristics, elements, the main purpose isto lay a theoretical foundation for the below analysis of high altitude parabolic tort andcommon risk behavior, buildings and other facilities violations similarities and differences,the main analysis of the differences between them, the parabolic infringement cases whenhandling high altitude can not cf or relevant laws and regulations applicable to common riskbehavior and violations of the buildings and other facilities. And introduced the concept of theneed to establish the tort liability of the height of parabolic and tort law.Legislative Status and Problems of the second section describes the height of parabolicbehavior, first affirmed the reasonableness of the existence of Article87of the Tort LiabilityAct: the height of parabolic infringement judgment in the case resort to the law clearly definesthe responsibility main body, a clear the burden of proof and Disclaimer conditions. The useof dialectical analysis, analysis on the basis of rationality, pointing out that the theory ofdefects exist at the same time and practice may lead to defects.The third section describes the height of parabolic violations of judicial status and problems of analysis, from a practical perspective, the analysis of the judicial practice of ourcountry and abroad on the handle height of parabolic infringement cases. China in handlinghigh-altitude parabolic infringement cases occurred mainly in three outcomes: direct rejectionof a complaint, the judgment of the property company to bear the corresponding liability, theverdict of tenants to be liable for compensation above a certain floor. Abroad (U.S.) deal withsimilar cases based on facts prove principle, that the facts speak for themselves. This is for thejudicial practice in China is a worthy lesson.The fourth section describes the Tort Liability System of the height of parabolic, mainlyattributable to the principle of accountability, the burden of proof Impunity Reasons putforward views and countermeasures. And height of parabolic infringement the responsibilityof the legislative proposal, the first clear infringement responsibility law in Article87of theLegislative value orientation, and then explained how to improve the legislation, theestablishment of altitude parabolic caused people damages the social relief system, in theresidential property services to increase the relevant insurance system, the height of parabolictort of criminal responsibility suggestions.