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The Research On The Tortious Liability Of Object Falling From High Altitudes Cause People Damage

Posted on:2017-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:X G CaoFull Text:PDF
GTID:2296330488960773Subject:Law
Abstract/Summary:PDF Full Text Request
With the advance of urbanization in China,we can see a variety of high-rise buildings everywhere in the cities now.People’s living environment also becoming more and more concentrated.But because of some people’s lack of public manner,the bad habit of littering caused object falling from high altitudes becoming a common phenomenon.Object falling from high altitudes is very dangerous to our lives and properties.Because we can not find the infringer,object falling from high altitudes becomes very difficult to solve, no matter in practice or in low. It is a very controversial question.Although with enactment of The tort law of the People’s Republic of China,now we have a legal basis to deal with the problem,but there are still plenty of controversies waiting us to discuss.In this paper,the writer uses the unknown infringer’s liability for tort of object falling from high altitudes causing people damage as a theme,by comparing the situations before and after the enactment of tort low,analyzes the focuses of controversies,discovers the problems of juridical practice.And based on the theories and the lows that we are using now,the writer demonstrates the features of the behavior of object falling from high altitudes, finds the reasonable subject of legal responsibility,summarizes the doctrine of liability fixation in this kind of case,and evaluates different methods of bearing liability.In the end, the writer tries to put forward a lot of practicable relief approach, provides advice on the ways of solution of legal practice,and hopes to help people to solve the problem of object falling from high altitudes causing people damage.
Keywords/Search Tags:Object falling from high altitudes cause damage, Infringement act, The subject of the liability, Doctrine of liability fixation, Methods of bearing liability
PDF Full Text Request
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