Liability Insurance Of Damage Caused By Building Falling

Article 87 of the Tort Liability Law,which was implemented in 2010 in China,specifically stipulates that the "possible tortfeasor" should bear the compensation liability when it is hard to determine the specific tortfeasor.However,on the one hand,the rationality of the provision itself was questioned by the academic community,on the other hand,it also faces the problems of high litigation cost and difficult execution in judicial practice,which directly causes the low relief efficiency.Article 1254 of the draft civil code of China,which was published in December 2019,clarifies the duty of investigation of relevant authorities,the right of recovery of the possible tortfeasor and the duty of safety guarantee of building managers,which is helpful to find out the specific tortfeasor and the right of relief of the victims hurt by objects thrown from the high to a certain extent,but the structure is still the dual combination of "general tort compensation rules + compensation rules of possible tortfeasor".Compared with the separate laws,the dual combination has not changed substantially,and it can be predicted that the relief efficiency will not be improved significantly.In order to protect the rights of the victims hurt by objects thrown from the high and achieve the innovation and improvement of the risk management mode of objects thrown from the high at the same time,it is quite necessary to introduce a new relief mechanism.Liability insurance has the characteristics of protecting the legitimate rights and interests of the injured third party,and its governance function has gradually been taken seriously with the in-depth research in recent years.By combining with the development status and future prospects of the liability insurance market in China,it can be proposed to introduce the insurance mechanism into the relief of damage caused by objects thrown from the high,issue and develop commercial insurances of liability for damage,and build a compulsory liability insurance system of liability for the damage when conditions permit,so that the efficient relief of the victims and the innovative development of the risk management model can be realized.In order to introduce the liability insurance mechanism into the relief system for the damage caused by objects thrown from the high,first the existing relief model should be studied,and the difficulties faced by the current relief model for the damage caused by objects thrown from the high should be summarized.And then the significance and realistic basis of the introduction of the liability insurance were analyzed,and the necessity and possibility of establishing the liability insurance system for the damage caused by objects thrown from the high were demonstrated.The mode selection at the macro level and the contract design at the micro level should be took into account in the system arrangement of liability insurance for the damage caused by objects thrown from the high.The best choice of legislative mode and operation mode of liability insurance for the damage caused by objects thrown from the high was obtained by comparing the legislative mode and operation mode of various liability insurance and combining with the current situation and development trend of liability insurance system in China.And the contract design of liability insurance for the damage caused by objects thrown from the high was discussed in this paper by analyzing the legal relation between various subjects in the cases of objects thrown from the high and combining the operation principle of liability insurance.