Analysis Civil Liability Caused By Tossed Object From High Buildings

Due to the rapid development of the city, in order to betterly step into the society, we need to change the idea, at the same time, the lifestyle you had before also need to change. in the process of changing the way of life, to a large extent, the various interest disputes happen, and the tort case also occur repeatedly, there are a variety of ways. No any relevant laws and regulations, the court made a different decision which based on the different theories in the past. To pursue the social fairness and justice, hurting the benefit of the innocent people, so most people can’t accept it. The different areas of Scholars also make an intensive research of it, forming into the different theories. After issuance and implementation of the Tort Liability Law of the People’s Republic(the following is called Tort Liability Law), however, people’s doubts haven’t removed. Although the Article 87 of Tort Liability Law is more comprehensive and scientific to the tort case caused by tossed object from high buildings. But the process of applying is still difficult. so, this article is about how to identify the liability caused by tossed objects from high building, which unfolded step by step with the empirical method. The author study the tort liability from the following several aspects: the principles of liability, constitutive requirements of liability, assuming responsibility, etc, the author analyze the principles of liability of the general tort, it can be concluded that fault principle of liability is applied into the tort case caused by tossed object from high buildings. When the real infringer can’t be find and the victim’s right don’t get relieve. It should be relieved by the social security system and commercial insurance, and then to the provisions of law has further understanding of the Article 87 of the Tort Law. The author expect it can use for conference for the judicial practice.This paper will be divided into fives parts:The first part is introduction. In this part, the author analyze the judicial judgment by quoting a real typical case of the tossed object from high buildings. The author points out the theory of the judgment of the tort case of the tossed object from high building is questionable. the author presented the point of view and theoretical support with empirical analysis.The second part is the constitutive of liability, this paper describes the constitutive requirements of liability of tort law, analyzing whether the confirming to the constitutive requirements of liability of the tossed object from high building accords with the constitutive requirements of liability of tort law in the judicial practice.The third part is the principles of liability of the tossed object from high buildings. The author holds it is suitable that the liability of the tossed object from high buildings adopt fault principle of liability by analyzing and describing the principles of liability.The fourth part is the assuming responsibility, The author analyzes there are some problems that the tossed object from high building adopt the ways of assuming responsibility in the judicial practice。The fifth part mainly discuss tort relief, describing relief measures when the infringer can’t be found.