Study On Civil Liability By Unknown Tossed Object From High Building

With the development of science, the progress of the society, the population densityis become bigger and bigger, high buildings become the mainstream of modern societyconstruction. With high buildings become a reality, tossed object from high building alsocommon occurrence, among them, damage caused by unknown tossed object from highbuilding, because of its unknown infringement subjects, the victim in this case isdifficulty in proof, therefore, the social impact in such cases judgment is not very good.So, research for the damage caused by unknown tossed object from high building hasimportant theoretical significance and practical significance. Fortunately, in July1,2010,the tort law has taken effect officially, among them the article87stipulates theresponsibility clearly about the damage caused by unknown tossed object from highbuilding, made the similar cases has a legal basis. But, with the tort law has taken effect,the law experts and scholars also launched a big discussion about the tort law’s87th. Inthe article, the author proposed by the case “Shenzhen haolaiju” Which leads to thedamage caused by unknown tossed object from high building cases for further study, andanalysis the tort law’s87thwith The focus in the case. Carry forward the advantages,consummate the shortage. Put forward the proposal to the Theoretical research and theapplication of law, hoping this can help to solve the similar cases later.This paper consists of five parts:The first part: with an overview of the case “Shenzhen haolaiju”, analysis the twofocuses in the case: the choice of imputation principle and responsibility main body. Inorder to make a general overview of the blow’s analysis.The second part: mainly analysis the particularity of the damage caused by unknowntossed object from high building. In this part, the author pointed out The differencebetween the behavior of Infringement of buildings and the behavior of joint danger.Reveal its special nature, to provide theoretical basis to blow’s choice of imputationprinciple and responsibility main body.The third Part: analysis the imputation principle of the cases likes damage caused byunknown tossed object from high building. In this part, the author introducing the currentsituation of legislation of the infringement, to analysis the arguments in theory of the tortimputation principle types, and point out the correctness concludes of the “duality "imputation principle system. With the analysis of the tort law’s87th, the author thinks the imputation principle of tort law’s87ththat can not be including in the “duality "imputation system.The fourth part: analysis the choice of responsibility main body of the cases likesdamage caused by unknown tossed object from high building. In this part, the authorthrough the analysis of the” the building user who may harm” in the tort law’s87th,analysis the reasonable and unreasonable places of the building user as the responsibilitymain body and the problems need attention in application, At the same time analysis therationality of the management company as the other one responsibility main body.The fifth part: Put forward the consummate of the legal remedy for similar lawsuit.in this part, hoping this can help to solve the similar cases later.