Unidentified Persons Responsible Altitude Parabolic Study Of Tort Liability

The high-altitude parabolic infringement of the unknown responsible person means that the possessor of the high-rise or multilayer building or actual residents throw goods from the high building, which caused the bodies of innocent people to get injured or property loss. And it is difficult to determine the behavior of the specific infringer. Cases of high-altitude parabolic infringement occur frequently,which leads to a series of man-made tragedy and social problems. And the cases also put forward a giant challenge to relevant legislation. The high-altitude parabolic infringement of the unknown responsible person is a new problem of tort legislation, and also a judicial realistic difficult problem, which is difficult to deal with. The stipulations in Article 87 of Tort Liability Law provide standard guidelines for the processing of such cases, because the stipulations of the relevant clauses are too broad, and legislative time is shorter, many real cases may be more complex, so there are still many problems in response to judicature, which is difficult to pass the Terms and Conditions to give reasonable solution. The article is divided into four chapters:The first chapter of the full text is the introduction part, this chapter sketches the historical background and significance, the research review at home and abroad, the primary research contents and methods, etc. he process of urbanization contributes to the construction of more and more tall buildings. The events that the high toss act causes damage to human life and property property are common, and the high-altitude parabolic infringement has already become the potential safety hazard in our life. Before the Tort Liability Law is introduced, the practical circle of our country can not reach an agreement on the trial and judgment of the high-altitude parabolic infringement of the unknown responsible person. After the Tort Liability Law is introduced, the building user who is hurt in the judicial decision of such cases bears the compensation liability. Mostly foreign statute law does not make specific stipulations to such infringement cases, the relevant legislations mainly involve the construction infringement.Chapter Two: the Article 87 of Tort Liability Law of PRC is explained theoretically from the legislative proposals, it distinguishes the specific high-altitude parabolic infringement of the responsible person from the high-altitude parabolic infringement of the unknown responsible person, and points out the difference between the liability of indemnity and liability for damage, and then analyzes advantages and disadvantages of Article 87 of Tort liability Law. The article regards high-altitude parabolic infringement of unknown responsible people as a specific infringement act to research and discuss, because it is difficult to define the specific injurer in actual operation for this type of infringement cases. The Article 87 of Tort Liability embodies the fair liability, and gives play to the social function of tort law. But in actual operation, there are also a great many flaws, such as the rules of throwing objects and falling objects are not reasonable, and the compensation scope is too broad. These are the focuses of this paper research.Chapter Three: this chapter analyzes legislations and cases about high-altitude parabolic infringement both at home and broad, and then get advantages and disadvantages of legislations about high-altitude parabolic infringement in comparison. The Roman Republic stipulate ‘the appeal right of fallen objects or missiles’, neoteric and modern civil law systems establish the legal norm to the construction itself or the responsibilities for the damage to people caused by appendages. The case laws about such infringement cases in Anglo-American law system countries use mostly the self-proving criterion. As a result, the extraterritorial legislation for the high-altitude parabolic infringement of the unknown person is approximately summarized as follows: the civil law countries take no-fault liability as the principal thing in the aspect of the doctrine of liability fixation, the user of the construction is as the subject of the liability and lays particular emphasis on reflecting the average share of responsibility; moreover, the Doctrine of Res Ipsa Loquitur which is adopted by Anglo-American law system countries can be presumed properly in order to ease the victim’s burden of proof.Chapter Four: Aiming at the deficiencies and defects of Article 87,the author puts forward the suggestions which improve legislation and make the appropriate judicial interpretation, and propounds ideas which establish a more comprehensive and perfect social security and relief system. The author thinks that the range ‘the building dwellers who are possibly injured ’should be further improved, and he differentiates between the high-altitude parabolic infringement act and injurious acts caused by constructions, as well as he adds the clause of recovering the money into legislations, etc. Setting up the socialized mechanism for sorting and the Liability Insurance System which have a complete and thorough system for the high-altitude parabolic infringement of the unknown responsible person, increasing the intensity of social security,and issuing the social interpretations in Article 87 of Tort Liability Law will be good solutions to the problem.