Boundary Of Tort Liability In Case Of Unknown Victim

The continuous development of society has brought great benefits to people's lives.But at the same time,social risks are increasing,causing many new problems.In order to adapt to the new problems under the new situation,the Tort Liability Law also needs to advance with the times and make some breakthroughs on the traditional theory of tort liability.In response to the problem of damage caused by unidentified high-altitude throwing objects by infringers,Article 87 of China's Tort Liability Law has made special provisions:"Throwing articles from buildings or falling from buildings causes damage to others,and it is difficult to determine specific infringements.In addition to being able to prove that they are not infringers,the compensation is provided by the users of the buildings that may be harmed.This provision provides a clear legal basis for resolving cases of unauthorised high-altitude parabolic damage caused by the infringer,breaking the past.The court applied the different circumstances of the law in the trial of such cases,but its breakthrough in the traditional tort liability law also triggered widespread controversy in the theoretical circle.Article 87 of the Tort Liability Law does not meet the constitutional requirements of general tort liability,and is different from joint infringement.It is a unique way of responsibility.In the civil law system,there are no provisions similar to Article 87 of the Tort Liability Law.The market share liability in the US Tort Liability Act is similar to Article 87 of the Tort Liability Act.In the market share responsibility,the victim suffered damage due to the use of the product manufactured by the manufacturer,but the specific manufacturer could not be known,and the court ordered the producer who caused the same or the same kind of damage to bear the responsibility.We can ly summarize the factual elements of Article 87 of the Tort Liability Law and the market share responsibility:the victim has suffered damages due to the infringement,but has no way of knowing the perpetrator of the injurious act.At this time,it should be caused by the implementation.Or the perpetrator of the same type of damage is responsible.We can call this responsibility the tort liability in the case of an unidentified victim.The tort liability system under the circumstances of the perpetrators provides the victims with a more adequate remedy,which is conducive to the realization of the function of protecting the rights and interests of victims under the Tort Liability Law.Faced with the new challenges raised by social development,the Tort Liability Law needs to advance with the times,make breakthroughs in the traditional theory of tort liability,and establish the tort liability under the circumstances of the perpetrators.However,protecting the universal freedom of behavior is also the social function of the Tort Liability Law,and the tort liability under the unclear circumstances of the perpetrator may limit the freedom of conduct.Therefore,it is necessary to limit the tort liability in the case of the perpetrator's unclearness,so as to avoid excessive restrictions.The widespread freedom of conduct has made the balance of the Tort Liability Act protecting the rights and freedom of victims from being out of balance.This article is divided into five parts,which discuss in detail what is the tort liability under the circumstances of the perpetrator,the necessity of establishing tort liability under the unclear circumstances of the perpetrator,and how to establish the boundary of tort liability in the case of unknown perpetrator.The first part is an overview of Article 87 of the Tort Liability Law,which mainly includes the judicial practice of Article 87 of the Tort Liability Law and the disputes arising.The second part is the comparison of Article 87 of the Tort Liability Law with relevant regulations.First,in contrast to joint infringement,it is pointed out that Article 87 of the Tort Liability Law is not a joint infringement,but a new form of liability.Second,it is a comparative analysis of market share liability,pointing out that they have similarities and abstractly summarize them.A common factual element,this abstracted mode of responsibility can be called the tort liability in the case of an unidentified victim.The third part discusses the necessity of establishing tort liability under the circumstances of the perpetrator's unclearness,mainly from two aspects:the social function of the tort liability law and the lack of protection scope of the joint infringement.The fourth part is the focus of this paper.On the one hand,it will analyze the necessity of constructing the boundary of collective responsibility in the case of unknown victims.The other side will introduce how to construct the boundary of collective responsibility in the case of unknown victims.The author will behave from the behavior.Judicial aspects of illegality,the danger of behavior,the substitutability of behavior,and the duty of care of the perpetrator are discussed.The fifth part is about the improvement of the tort liability in the case of the unknown people in China.First of all,it is necessary to establish relevant provisions in China's Tort Liability Law.Secondly,taking the food and drug field in the field of large-scale infringement as an example,it is introduced how to specifically apply the tort liability under the circumstances of the perpetrator.