The Rules And Principles Of The Damage Caused By Falling Objects From High Altitude Under The Circumstance Of Unknown Injurer

According to article 87 of tort liability law of our country,if throwing objects from a building or falling objects from a building cause damage to others,and it is difficult to determine the specific infringer,except for those who can prove that they are not the infringer,the potential users of the building shall compensate.According to the regulations,may harm the actual users of the buildings on the victim's responsibility for compensation responsibility rather than the liability to pay compensation,the responsibility of the user of this part of the actual building does not follow the principle of full compensation of general tort,namely for the loss of the victim,the person is only part of compensation,the compensation standard and amount by the judges in reference on the basis of various factors in its discretion to determine.Based on this,according to the current general view,the person responsible in this situation to assume the responsibility of equity,that is,the principle of this article is the principle of equity responsibility.Based on the perspective of social control theory through law,it is reasonable to introduce the principle of fair liability into the imputation of the wrongdoer in the case of the injury caused by the unknown falling object from high altitude,and the introduction and application of the principle of fair liability fully accord with the purpose and requirements of social control through law.The second part is an overview of the legislation on the liability of cases caused by falling objects from high altitude in China.In addition,this paper analyzes the views on the principle of liability involved in article 87 of tort liability law,and makes it clear that the principle of liability involved in this article belongs to the principle of fair liability.The third part is the analysis of the principle of fair responsibility under the social control theory.This part first briefly expounds and analyzes the social control theory,and then analyzes the rationality of the principle of fair responsibility from the perspective of it,including the analysis of form and essence.The fourth part is the comparison research,through to Germany,France,the United States and other countries about the damage caused by the falling objects is presented in case the provisions of the imputation analysis,concluded that the regulation does notaccord with the requirement of the social control theory and practice,and serve as a foil to the tort liability law in our country of article 87 of this law for the appropriateness and rationality of social control theory perspective.The fifth part is based on the social control theory of falling objects imputation of the damage caused by the perfect suggestion,this part analyzes the current possible adverse effects,the introduction of fair liability principle as to put forward the solutions and Suggestions to solve these problems,namely,ensure that the provisions of the applicable tolerance,and introduce how far is the means of relief,make the provisions of article 87 of the tort liability act to maximize the use of its function of social control.