Study On Tort Liability Of Buildings

With the increase of high-rise residential buildings,the corresponding high-altitude parabolic cases of buildings have gradually increased.To solve this problem,Article 87 of China's Tort Liability Law stipulates the tort liability of high-altitude parabolic buildings,but the provisions of this law are not clear,and there is a lot of room for interpretation,which brings some judgment to the judges.Difficulties have led to courts having different judgments in the same case when handling such cases.In addition,there are many problems such as deviating from the basic theory of law in the law,and now there are more and more calls for the amendment of this law.At this time,when the Civil Code of the People 's Republic of China(Draft)has not been passed,this article proposes Personal opinion.First of all,this article uses three typical cases as the focal points of controversy to elicit reflections on how to bear the liability for infringement of high-altitude parabolic structures.The analysis of case controversy leads to the key basic theoretical issues in this field.Specifically,it includes the characteristics of tort liability for high-altitude parabolic structures,the difference between tort liability for high-altitude parabolic structures and similar tort liability,and the principle of liability for tort liability for high-altitude parabolic structures.Secondly,this article gives a brief explanation of domestic legislation,combined with foreign representative legislation,and uses comparative analysis methods to propose lessons for foreign legislation.Thirdly,this article tries to point out the problems of the existing legal provisions,including the legal theory,judicial practice and social effects.Finally,this article combines the above-mentioned points of view,into the in-depth analysis of the relevant provisions of China's "Civil Code of the People's Republic of China",and agrees that the public security organs therein have the obligation to intervene in the investigation,and the users of the buildings that may be harmed have the right to recovery and property commitment New regulations on obligations of safety and security.Some suggestions have been made for the reasonable application of existing laws,especially in the field of justice,to make up for the shortcomings of existing laws,including: further limiting the scope of "possible harm to building users" and limiting their share of responsibility,Strictly distinguish between throwing objects and falling objects,and reasonably determine the scope of compensation liability.On this basis,it further put forward the design conception of multiple responsibility-bearing models such as commercial insurance and social assistance funds,and called on the Civil Code to further improve legislation.