"Tort Liability Law" The Eighty-seventh Effectiveness Problem Analysis

Urbanization, the advent of urban population more and more, because the tension of urban land resources, lead to residential buildings cover higher and higher, to produce the problems of the residents randomly throwing items down from the tall buildings. In such cases, the damage caused by high altitude parabolic behavior is great,but because the infringer are difficult to find out the concrete, cause the victim’s loss in the aspect of law cannot get relief. This continues the judicial status quo and difficulties to the implementation of the "tort liability law" the eighty-seventh, the law makes high altitude parabolic cause person damage case with legal basis, change the current situation of connection with different sentence before. Theory of high altitude parabolic problem cause person damage theory research results, but the actual effect research is less, Some scholars on the issue of lack of data support. In this article, the author with the help of the network, the official website of the National People’s Congress written judgment such as website and relevant search engines, collected before and after the "tort liability law" the eighty-seventh, objectively show the courts difficulties, analyze the reasons behind the difficulties, and puts forward the Suggestions to solve the problem. This article is divided into five parts. The first part is "tort liability law" the eighty-seventh pragmatic research overview, so as to take the lead to emphasis that this paper will be discussed in this paper the second part of "tort liability law" the eighty-seventh of the practical problems. The third part the author tries to draw out "tort liability law" the eighty-seventh legislation the root of the problem, This is both a lack of proper legal basis, and this is thinking about "presumption of guilt", also with in the trend of socialization of civil law in our country did not hold good degrees. The fourth part, the author attempts to put forward a solution to the problem, so as to make the "tort liability law" the eighty-seventh specification perfected. Chapter 5 is the conclusion part.