Research On The Tort Liability Of Human Damage Cauesed By Throwing Objects From High Altitude

Article 87 of Tort Liability Law has always been one of the most concerned and controversial provisions.The newly adopted Civil Code of the People’s Republic of China revises and adjusts the issue of injuries caused by throwing objects from high altitude,establishes prohibitory provisions and clarifies the legal liability of the infringer.Increase the property service enterprises that have not done their duty of security as the main body of responsibility;To establish the investigation responsibility of the public security organs;Specify the right of recourse that may injure the user of the building.By reevaluating the interests of the tort liability rules for damage caused by throwing objects from high altitude,and adopting the comprehensive management innovation mode of combining the code of conduct with the rules of adjudication and multi-party participation,this paper tries to realize the fairness and justice of the case on the basis of finding out the facts,and provides a relatively perfect rule for the prevention and treatment of such disputes.From the perspective of the new provisions of the Civil Code,this paper combines legal norms and trial practice to interpret and study the liability for damage caused by throwing objects from high altitude.This paper holds that in the case of damage caused by throwing objects fromhigh altitude,the doer of throwing objects from high altitude shall bear the fault liability.When it is difficult to identify the infringer,it reflects the principle of fairness that the user of the building who may cause harm should bear the compensation liability,and the addition of the right of recourse also provides a way to fill the property loss of the user of the building who may cause harm.In addition,the property service enterprises assume the security obligation according to the law,and the liability of the property service enterprises for violating the security obligation belongs to fault liability,and the property service enterprises assume the corresponding supplementary responsibility,rather than the complete liability for compensation.