Research On Civil Liability Caused By Throwing Objects At High Altitude

With the continuous development of urbanization in China,high-rise buildings have become the most common social buildings,but many social problems follow,such as throwing objects from a height is called "pain hanging over the city".As well as "littering" is regarded as a "bad habit of the city".Today,the phenomenon of high-altitude parabolic in various residential areas has increased,and the serious social impact caused by high-altitude parabolic has emerged one after another,which has also led to many disasters,large and small,but most of the high-altitude parabolic incidents are not in place because of inadequate monitoring.Unable to find the perpetrators or lack of material evidence and can not punish the relevant responsible persons.High-altitude parabolic objects not only seriously endanger people’s lives and safety,but also cause the loss of people’s property.With the increase of high altitude parabolic cases,the relevant legal regulations are gradually improving,and the increasing social attention,people’s awareness of prevention of parabola is also increasing.But from the number of cases of parabola,the above changes do not solve the hidden danger of parabola.This kind of situation exists largely because,in the law and regulations,whether it is the civil code(new version)or the criminal law(Revised Version),although it has clearly defined the responsibility of the act of high altitude parabola in theory,it can not cover the specific problems involved in the case of parabola comprehensively.Generally speaking,the current domestic responsibility definition of parabola behavior has more reliable legal basis,but lacks effective judicial practice guidance.The conscious prevention behaviors of communities,property groups,such as moral propaganda,increase of relevant prompt slogans,installation of monitoring equipment,etc.,can only reduce the possibility of parabola to a certain extent.In fact,the deterrent is weak,and it can not realize effective warning for some inertial parabolors.Therefore,in order to ensure the safety of the whole public and to better ensure the legitimate rights and interests of the victims concerned,the true perpetrators should be punished equally through fair judicial procedures,and the perpetrators of parabola should be deterred by scientific and deterrent laws and regulations,so that they dare not do it because of their fear.In a word,it is necessary and urgent to further improve and strengthen the effective punishment system of parabolic behavior on the basis of existing laws and regulations.Therefore,this paper mainly studies civil liability of parabola damage from the following four parts.Firstly,the concept research.The main research contents are what is the high-altitude parabola,what are the conditions for the infringement of the parabola,which infringement is easily confused with the parabola in concept,and the main purpose of this study.Second,responsibility research.This paper mainly studies how to define the subject of liability for high altitude parabolic tort,as well as the principle of liability and the way of responsibility.Third,the comparison of laws and regulations.The main content of the study is,the analysis and comparison of the domestic and foreign legislation on the high altitude parabola,and it is concluded that the legislation of our country is in line with the actual situation of our country,which has practical significance.Fourth,suggestions for ideas.The author puts forward some ideas and suggestions on the establishment of relevant laws and regulations,the improvement of necessary social security system and so on.