Study On The Damage Responsibility Of Aerial Throwing Objects Unknown Perpetrator

At present,in the social public security,unknown damage to the high-altitude throwing damage behavior is worthy of our concern is an important issue,such cases of high-altitude parabolic cases began to appear,because there is no specific legal provisions cited,so the case Have different results,the various theoretical researchers also issued a different opinion on the case.High-altitude parabol causes the victim’s physical and mental damage,but because of such incidents with sudden and concealment,resulting in the incident can not determine the real harm,so the legitimate rights and interests of the victim can not get the necessary protection,its The losses caused can not be filled in time.The introduction of Article 87 of the Tort Liability Act 2010 provides the dawn of dawn before the victims maintain their rights and losses in accordance with the law.But the introduction of this law,in the specific practice of judicial practice and social theory,but also has a mixed evaluation of this,which is rooted in China’s current unknown to the high-altitude parabolic theory of a variety of research Diversity,not the formation of a unified,authoritative theory of support,while the "tort liability law" Article 87 of the law itself on the high-altitude parabolic damage caused by the responsibility of the subject,the need to bear the responsibility,There is room for explanation.In this paper,combined with the case of Wuhan "high-altitude cement-induced disability of female infants" in 2014,this paper analyzes the focus of the case handling,combined with the "infringement liability law" Article 87,to reflect on the deficiencies,put forward countermeasures,improve the harm Unidentified legal system and relief mechanism.This paper is divided into four parts.The first part is an overview of the damage liability of the high-altitude throwing object,and its concept and characteristics are briefly described.The second part is the analysis of the case of" The The third part is the combination of the "tort liability law" Article 87,the case cited the focus of the problem of thinking and analysis;the fourth part is summed up the current China’s unknown victims of the unknown And the shortcomings of the system of damage to the responsibility of the high-altitude throwing object;the fifth part of the summary of the defects,the perpetrators of unknown high-altitude throwing damage to the responsibility of the system made a few suggestions.