On Civil Liability For Unknown Perpetrators Of High-altitude Parabolic Damage

With the acceleration of the urban process,high-rise buildings can be seen everywhere,and the increase of high-rise buildings is accompanied by the increase of the number of high-altitude parabolic infringement cases,such cases have caused great physical and mental harm to the victims,but because of their extremely sudden and hidden nature,the perpetrators are often difficult to determine,evidence can not be collected in time,resulting in the victim's damage is difficult to obtain relief,can not protect the legitimate rights and interests of victims.Although article 87 of the Tort Liability Law provides for the parabolic phenomenon at high altitude,which is unknown to the perpetrator,and is further refined in article 1254 of the Civil Code of the People's Republic of China,there are still some vague areas in the legislation,which do not completely solve the problem of accountability in the field of parabolic at high altitude,so it is necessary to further study the problem of responsibility bearing in the field of parabolic at high altitude and put forward corresponding improvement measures and solutions.Based on the background that the high altitude parabolic act seriously endangers the daily life of the public,aiming at the dilemma faced by the court in the field of judicial judgment,this paper starts from the trial practice of the injury caused by the high altitude parabolic act with unknown perpetrator,draws out the application of Article 87 of the tort liability law in the trial practice by summarizing the case focus,and analyzes the case focus,which cannot be concluded The problems existing in the judicial judgment of determining the high altitude parabolic case of the aggressor are summarized,and the defects of the civil liability system in the field of high altitude parabolic damage in which the aggressor is unknown are summarized.At the level of judicial practice,combined with the existing theoretical research,this paper puts forward suggestions on the handling of high-altitude parabolic cases in the current legal framework;then,from the practice to the theory,focusing on the limitations of a single relief approach,it is suggested to introduce other systems to solve the problems,such as the introduction of social responsibility insurance system which is bearing the responsibility of sharing the risk of accidental damage.In addition,the state should alsobear the corresponding state responsibility,provide comprehensive relief to the victims,and protect the legitimate rights and interests of the victims to the greatest extent.