The Study On Compensation Liability Caused By Objects Thrown From Buildings Damage

At present,the proportion of civil compensation liability in civil law is light, so the liability has not caused enough attention. But in the legislation, there are a lot of the relevant provisions of the applicable civil compensation liability in our country law,scattered in the law and the judicial interpretation, such as the general principles of civil law, tort liability law, marriage law, contract law, the Supreme People’s Court Interpretation on Several Issues concerning the application of law of compensation for personal injury cases by released in 2003 and so on. Therefore, it is worth to study further on theory and practice of civil compensation responsibility, its value will become more and more obvious in further. In judicial practice, the “tort liability law” article eighty-seventh is so unclear that the responsibility is difficult to apply for court, and the victim’s damage caused by objects thrown from buildings is often did not get a better relief. In this paper, the compensation are discussed in theory and practice, and are explained reasonably through the study of relevant literature and the analysis of related cases, in order to solve the problems in the judicial practice and the legislation application.The first part is the introduction. The author make a critical introduction on background of the thrown object damage compensation liability to make a briefly foreshadowing for the following research. Then, basing on the existing research data, the present research situation at home and abroad, research methods, research content is briefly introduced in this paper by the author, making direction of this paper more clear.The second part is an overview of damage compensation liability caused by objects thrown from buildings. In this part, the author analyzes the concept, nature, constitutive requirements, principle of imputation of the compensation liability caused by objects thrown from buildings damage characteristics. On the other hand, it analyzes the rationality of the establishment on compensation responsibility for damage caused by objects thrown from buildings set, providing a theoretical basis for the next study.Our country building throwing infringement applicable condition are analyzed in detail in the third part. It analyzes the dilemma about the application plights from the subject, the scope of responsibility, responsibility, compensation, right of recourse and other aspects, and analyzes the reasons for the plight of the fall.In the last, the author put forward some suggestions on perfecting the compensation liability caused by objects thrown from buildings according; on the other hand, starting from the construction of diversified relief system, the purpose seeking for other building throwing Infringement Remedy is to make the thrown objects from buildings infringementto run well in the judicial practice of our country and to provide other ways to relieve victims caused by the thrown object from buildings.