Research Of The Issue Of Building Collapse Tort Liability

"Tort Law" Article86separately provides the tort liability of building collapsefor the first time,which brings a great help for solving the damage caused by collapseof the buildings occurred repeatedly in recent years in our country.However, Article86is blurred and rough:in terms of the principle of culpability,which triggered greatcontroversy;and in terms of responsible subject, responsibility bearing,defenses, it isalso far from perfect.So,this issue is worth studying.There are five sections in this article.Part I,submitting the issues.After definingthe connotation of building collapse tort liability, the author points out the problemsof the buildings collapse tort liability system in our country to pave the way for thelater discussion.Part II,responsible subject and the principle of culpability of buildingcollapse tort.For responsible subject,my point is that in addition to the developmentunits and construction units,responsible subject also includes other responsible personof paragraph2,which should be the owner, manager or user,namely holder.Inaddition,the author define these responsible subject and also explain the reasons whythey are responsible subject.In the part of the principle of culpability, the authorpresents her own view that the the principle of culpability of the building collapse tortliability should adopt combined responsibility:for the development units andconstruction units,it should employ principle of non-fault liability;for the owner,manager or user, it should adopt the principle of presumption of fault liability.PartIII,responsibility bearing of the building collapse tort.This part describes two sectionsof content:first,responsibility bearing of builder, including the joint and severalliability and right of recourse of development units and construction units.In thesection of joint and several liability, the author describes the reasons why thedevelopment unit and construction unit should be borne of joint and several liabilityand how to take responsibility.In the section of recourse,the author describes theinternal recourse between development units and construction units and externalrecourse.Second, responsibility bearing of the holder.In my opinion, the owner,manager or user who has fault should assume as responsible subject. In the case ofowners, managers and user exist simultaneously,the user should bear the liability fordamages.But the user should be given the recourse to the owner or manager.Part IV,defenses of the building collapse tort liability.n my opinion,the builder has three defenses:force majeure,the infringee’s fault,the third person’s fault;beyond theaforementioned three ones, the holder’s defenses should also include having done theobligation to prevent the damage occurred.Part V,the improvement proposals relatedto the building collapse tort liability.Basis of the legislation experience of othercountries and regions,In combination with the practical situation of our country,theauthor puts forward a four-point proposal for the system of our country’s the buildingcollapse tort liability:clearly define reasons for the collapse,improve responsiblesubject for setting,improve the form of accountability,expand the scope ofresponsibility’s object.