High Altitude Parabolic Tort Liability Subject Research

High-altitude parabolic infringement case is not a new type of tort in the new century.It has been recorded in Rome in early.During the period from 2001 to 2006,several typical cases of damage caused by high-altitude parabolic have occurred,causing the discussion among many scholars in our country,People's Republic of China tort law promulgated in 2010 "(hereinafter referred to as the" tort liability law ")legislation has laid a theoretical foundation.In this paper,the object of study is the subject of high altitude parabolic tort liability,carding the theory of the determination of the subject of the high altitude parabolic tort liability.Affected by the theory of legislation,combined with "tort liability law" eighty-seven article facing the problems such as judicial bottleneck effect in practice,moral risk,public safety risk,the burden of proof of exemption is difficult,the compensation subject is too broad,the lack of provision may be perpetrators of recourse problems,the conception that increases property management agencies as the subject of high-altitude parabolic tort is put forward,and from the identity of the community management subject,the obligation of security,social and economic efficiency of the property management rationality as tort liability in such cases subject.The first part is introduction,which introduce Background and significance of the selected topic.In the second part,the author makes a brief overview of the main body of the parabolic tort,which clears the object of analysis.The third part analyzes the dilemma of a series of judicial practice,which provides a logical basis for the improvement of the tort liability of high altitude parabolic tort in our country.In the fourth part,the author discusses a series of problems existing in the main body of high altitude parabolic tort liability,and put forward the idea that the property agency should be gradually incorporated into the scope of the main responsibility.For the housing estate without property management agency,compulsory liability insurance system will be established to avoid legal loopholes.