A Study On Responsibility Of Altitude Parabolic Infringement

With the fast development of Chinese economic, so is the speed of building construction, building increasing caused a lot of social phenomenon. High-altitude throwing things which causes person damage cases occurred frequently, a lot of cases caused damage by the high altitude parabolic gradually evolved from an original moral event into a malignant event which attracted much attention. Frequent incidents of this kind caused heated discussions of law scholars, under intense academic disputes, there are two opposing views. Supporters, mainly from the point of view of victim relief and fair maintain, thus established high altitude parabolic tort liability law. Before that such cases attracted more attention, different courts made different process. So the duly filled the gap of law, but from the point of view of parabolic tort liability of applicable law, may be how to determine the scope of the offender; how to determine the amount of compensation, whether can only by the judge's discretion, offender proof difficulties, these trial and judgment as high altitude parabolic infringement cases increased the difficulty, and it's only a matter of some of the applicable law. Opponents put forward their views from multiple angles to demonstrate the irrationality of this provision. This article research from the basic theory of tort law and the principle of legislative perspective to discuss whether the set of high altitude parabolic tort liability conforms to the basic theory of tort liability law, then have a deep research of the irrationality of high altitude parabolic infringement. Trying to point out the problems of article eighty-seven, the purpose is to make our country's high altitude parabolic the cases infringement fairer, more authority to make the law more fair, more can realize social fairness and justice.