An Empirical Study On Tort Liability Caused By High Altitude Parabolic Damage

With the rapid development of economy,many tall buildings have sprung up.Tall buildings,including commercial buildings and residential.At the same time to facilitate the people,the problems brought about by high-rise buildings are also increasing,no matter whether it is the right of light in the real right law or the problem of adjacent relation,the problem has not been fully resolved,but the most important one is the problem of high altitude parabolic.The damage caused by a small object thrown from a tall building can be immeasurable.Before the "tort liability law" promulgated,on the upper parabolic problem,some sentence completely different judgement in judicial practice."Tort liability law" after the introduction of the eighty-seventh titles of high-altitude parabolic made a relatively clear provision,that is,the possibility of damage to the building of the use of persons liable for compensation.However,there are still many problems in the application of the eighty-seventh law of tort liability in real life.In this paper,the author use the case study method,through the collection a series of cases of "tort liability law" after the promulgation.The case is analyzed and compared in order to find out some problems in the application of "tort liability law" to solve the problem of high altitude parabolic in the trial practice,these problems will be analyzed,and then put forward some suggestions to solve the problem.The paper is divided into five chapters.The first chapter is a brief analysis of the high altitude parabolic theory,the second chapter is a summary of the collected cases.The third chapter,the fourth chapter and the fifth chapter are the key points.The basic train of thought is to put forward the solution to the problem by putting forward the question,analyzing the reason of the problem,and finally draws the conclusion.The first chapter is the analysis of the theory of high altitude parabolic.First of all,analyzing legislation background of the current laws and regulations of high altitude parabolic system.Through summary the relevant legal provisions,than have a general idea of high altitude parabolic.Through the general understanding of high altitude parabolic,and then obtained the composition of high altitude parabolic.Based on the analysis of the elements of high altitude parabolic system,than have a deeper analysis of this theory.Then,the author makes an analysis and summary of the affirmation and negation of the eighty-seventh articles on tort liability in the academic circles,and puts forward my own views and opinions.The second chapter is to make a simple summary of the cases by author collected.The first is to make a specific summary of the collected cases.followed make a comparison and analysis by specific cases.including analysis of the first instance,and the second instance.The analysis of court cited the specific law.Finally,it compares and analyzes the amount of the litigant claims and the compensation amount of the court's actual judgment in the trial practice.The third chapter is the concrete analysis of the high altitude parabolic case in the trial practice.This chapter is mainly about the legal relationship about the eighty-seven conditions in the trial practice.Through the analysis of the basic problems in the trial practice of the parties and courts in the application of "tort liability act",the eighty-seventh article deals with the liability for damage caused by high altitude parabolic damage,and the reasons for the problem,and finally to explore ways to solve the problem.It mainly deals with the definition of "the possible use of buildings and the use of people" in trial practice and the "burden of proof by the parties" and so on.The idea of the fourth chapter is still to raise questions,analyze problems and solve problems,this chapter mainly analyzes the principle of liability in the trial practice.In the trial practice,the principle of imputation is different when the court applies the eighty-seven trial case.Because there is no uniform regulation and standard,Therefore,it is necessary to make a summary and analysis of the specific principles of the application of the high altitude parabolic system through the specific cases of the trial practice,and at the same time draw the author's own point of view.The fifth chapter is mainly about the analysis of some other related questions in the trial practice,It mainly includes the different standards of court decision compensation,the difficulty of judgment implementation and the higher appeal rate of defendant.Through the analysis of the cases in the trial practice,we find the reasons behind the problems,and then put forward solutions to the problem.