Infringer Falling Objects Of Unknown Cause Damage Responsibility

With the substantial increase in high-rise buildings, high-rise on the thrower andfalling objects bound to pose a threat to public safety, in the case of unknownperpetrators, aerial throwing objects and cause damage by falling objects should behow to remedy?2010promulgated the " Tort Liability Act" set up a special objectdamage liability system, while Section87of the Act in the legislation establishing theinfringer falling objects of unknown cause damage liability system, from the legalnorms on the solution to this problem. But for the87academic abolition there isconsiderable controversy, and for the infringer falling objects of unknown causedamage system lack of systematic argumentation, and87in the specific applicationof the law, there are also many problems. In this article, the author throughcomparative analysis, case studies, empirical research, and other methods of legalinterpretation, the infringer unidentified falling objects liability regime for systematicresearch on China infringer unidentified falling objects legitimate responsibility andrationality provides a theoretical basis, and in relation to the principle of attributionof responsibility to be analyzed to construct its constituent elements, improve theinfringer falling objects of unknown cause damage liability laws apply.This article describes the following four parts:The first part is about the "Tort Liability Act," Article87of the legislativebackground and theoretical basis. For the domestic frequent falling objects causedamage case, the infringer falling objects of unknown cause damage liabilityestablished imminent. From the " loss-sharing theory"," condominium ownership "theoretical arguments for the first87and rationality.The second part is the infringer falling objects of unknown cause damageresponsibilities defined, mainly falling objects causing damage to the concept ofresponsibility principle and the constituent elements are described, so that theinfringer falling objects of unknown cause human damage cases is the responsibilityof creating a rare form of the existing single responsibility principle are not applicable to such infringement, its constituent elements, including damage to the facts andcausation.The third part is the falling objects cause damage liability and similar obligationsof Comparative Law, on Roman law, civil law and common law concerning fallingobjects cause damage liability cases related legislation and judicial practice toelaborate, focuses on analysis of ancient Rome, France, Chile, Ethiopia and othercountries, regulations, most civil law countries have only requires the building itselfcause damage liability, but for falling objects, especially aerial thrower causedamage does not involve. Infringer falling objects of unknown cause damage liabilitycreated by our country has a very strong Chinese characteristics tort liability.The fourth part of the infringer falling objects of unknown cause damage liabilityin the legal use were analyzed, focusing on analysis of the main responsibilities ofthis type of tort liability and responsibility for nature, which pointed out that thesubject of such tort liability should be extended to property management company,property management companies bear additional liability. Also believes that the mainresponsibility is assumed by shares between responsibilities.