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On The Application Of Article 87 Of The Tort Liability Law

Posted on:2020-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:P YangFull Text:PDF
GTID:2416330596987407Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous improvement of the economic development level of our country,the construction level of urban modernization has also developed.high-altitude buildings have been lined up in rows,and the frequency of cases of damage caused by unknown high-altitude parabolic objects of unknown perpetrators has gradually increased.While each case has entered the judicial process and has been sentenced and executed,the theoretical and practical problems reflected in the case are far from being resolved.Because the provisions of Article 87 of the Tort Liability Law on the subject of harm caused by unknown high-altitude parabolic objects are not clear,this has led to the inclusion of tort liability,tort liability division,and liability.Even the exercise of the right of defense of the responsible subject and the means of relief are a series of problems that need to be solved in judicial practice.The above problems need to start from the case analysis of judicial practice,put forward solutions to solve the problem,and then improve the relevant legal rules and recommendations.This article is divided into four parts:The first part is the definition of the concept,characteristics and nature of the unknown high-altitude parabolic behavior of the injurer.It starts from the distinction of similar torts and points out the problems encountered in the formulation and judicial practice of Article 87 of the Tort Liability Law.The second part introduces some typical cases in China's judicial practice,which leads to the limitations of Article 87 of the Tort Liability Law in judicial practice.The third part introduces the relevant foreign legal provisions and more typical case law in order to provide reference experience for the perfection of Article 87 of China's Tort Liability Law.On the basis of the interpretation of Article 87 of China's Tort Liability Law,the fourth part puts forward some suggestions to improve the determination of the subject of liability,the division of the scope of responsibility,the defense and the reasons for the reduction and reduction of responsibility.
Keywords/Search Tags:unknown injurer unknown high altitude parabolic, the injurer is unknown high altitude parabolic, tort liability, principle of attribution, right of defence
PDF Full Text Request
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