Research On The Application Of Compensation Liability For Damage Caused By Unknown Throwing Objects At High Altitude

According to the provision 87 of the Tort Liability Law,the doctrine of liability fixation of unknown high altitude throwing objects is fair liability,converting tort liability into supplementary liability.Owner or user of the building is supposed to undertake supplementary liability in the case when the real actor can't be confirmed.It has been the debating focus among the academic field whether supplementary liability is reasonable,whether supplementary liability belongs to fair liability,whether there are differences between supplementary liability and moral liability.This thesis mainly studies the application and reasonableness of supplementary liability of unknown high altitude throwing objects,analyzes the defects and disadvantages exposed during the process of using supplementary liability,puts forward pertinent optimization's to provision 87 of the Tort Liability Law through specific cases.This thesis holds that there is unreasonableness in provision 87.It violates the correction justice and conflicts with the distributive justice for counterparts undertaking supplementary liability.It is more inclined to moral compensation.Therefore,provision 87 should be modified,the principle of imputation should be re-established based on the fairness and justice of the law and the application of the principle of presumption of fault,and change the supplementary liability into fault liability.