Research On Compensation Responsibility Of Object-throwing Infringement From High Buildings

Object-throwing infringement from high buildings accompanied by the contradiction of the urbanization process, in recent years turn in a tendency of frequent growing. Although article 87 of the tort liability law considers the legal value of human rights to rule “ unidentified injuring person” bear the responsibility of“compensation responsibility” in object-throwing infringement from high buildings which has certain rationality, but no matter from the point of execution or social effect of this kind of case, it did not achieve a satisfactory effect. In a word, object-throwing infringement from high buildings need to be addressed with the stipulation under the urban distinction of high-rise buildings, at the same time the contradiction between the lack of operability and insufficient of theory makes the study of this essay not only has theoretical significance but also has practical significance.This essay introduced the background environment of object-throwing infringement from high buildings in first part, then the article's main body can be divided into four levels:Firstly, it will determine what is object-throwing infringement from high buildings mainly in theory, which respectively from the concept,characteristics, and discusses on distinguish from relevant concepts,then to conclude the unique features of object-throwing infringement from high buildings, in order to has a preliminary understanding of object-throwing from high buildings' compensation responsibility theory part.Secondly, I will introduce the attribution of liability ? doctrine of liability fixation ? liability forms from academic circles which is in fierce controversy, in the heat of the theory on developing status of schools of thought contend of object-throwing infringement from high buildings.Then, I will give a legislative interpretation of the article 87 of the tort liability law, which will affirm the provision of reasonable place, but at the same time point out that there exists a “ beyond the system framework ”, the difficult in identifying “ possible offender ”, “harsh ground relief” and the right way of “compensation right ”, such as the lack of specific provisions of “ compensation responsibility ”in the article 87, it is not conducive to achieve prevent warning function,after that I can look for solutions in the next passage.Finally, I will discuss the approach to resolve the dilemma which appears in object-throwing infringement from high buildings compensation responsibility. In the first place I will try to develop the object-throwing infringement from high buildings compensation responsibility from the legislation, specifically it should be more clear and narrowed the scope of the “ possible offender”, grounded specification relief,increased the “right of recourse ”clause and introduced the judicial interpretation on the standards and limits of perfection of the compensation liability; then I will discuss from the proceedings in the search for a fully safeguard for the rights and interests of the victim; in the end I will introduce mine opinion from the angle of different department laws to cooperate each other such as criminal procedure law and administrative legislation, at the same time combine with other remedies, in order to build a perfect relief and regulation network of object-throwing infringement from high buildings compensation responsibility.Based on the summary analysis of predecessors' research on object-throwing infringement from high buildings compensation responsibility, I will put forward suggestions on the perfection of legislation in view of the article 87 of the tort liability law, at the same time discuss about the provisions of the academic which are in a fierce dispute such as theory foundation, imputation principle and responsibility, to find good resource for our country's object-throwing infringement from high buildings compensation responsibility and the optimal solution under a variety of cooperative ways, in order to maintain the authority of the court judicial, to make the case to be executed in time, in this way the interests of victims can be better protection and a harmonious socialist society will be build perfectly.