Compensation Responsibility For Damage Caused By Throwing Or Falling Objects From High Altitude Of Unknown Infringer

High altitude parabolic and falling is a social nuisance event that occurs frequently in modern life,which has caused great damage to the order of social life and the security of lives and property of the people.Article 87 of Tort Liability Law has defined the situation as liability for compensation,that is,it is impossible to identify the infringer who acts the high altitude parabolic and falling.However,the legitimacy of this article has always been questioned,and there are various new situations arisen in the application of this article in judicial practice.In the Draft Civil Code introduced newly,Article 1254 was improved on the basis of Article 87 of Tort Liability Law.However,there are still some controversy and discussion.We shouldn't only rely on the legal provisions to improve and perfect the compensation liability system for damage to high altitude parabolic and falling when the infringer is unknown,but also need to consider from many aspects such as social development and legal environment.The body of this paper is divided into four parts.The first part is to sort out the concept of high altitude parabolic and falling,the differences between them and the characteristics of infringement act.The second part illustrates and analyzes the legislative status of above system.The third part analyzes this type of cases that occurred from July 2010 to December 2019.By analyzing these sample cases,it is found that in judicial practice of our country,there are situations in which the same cases have different processing results,which leads to the difficulties in applying the system of compensation liability.Then the causes of the dilemma are analyzed in this part.The forth part puts forward the suggestions to perfect this system.In the context of the official publication of the Draft Civil Code,it is necessaryto constantly improve the legislation and standardize the judicial trial to clear the system of compensation liability for damage to high altitude parabolic and falling when the infringer is unknown.At the same time,by strengthening tracing means and perfecting social relief,we can gradually reduce the frequency of high altitude parabolic and falling,and reduce the applicable environment of compensation liability.Finally the protection of citizens' lives and property security will be realized,and a harmonious social living environment will be created,too.