| This article is based on the status quo of the judgment and enforcement of the cases of unidentified persons being thrown at high altitudes,sorting out the dilemmas of the existing compensation system in judicial application,combining with Article 1254 of the Civil Code,reflecting on the dilemma of the implementation of the existing system,And then put forward suggestions to improve the legislative system,with a view to reducing disputes caused by such incidents.This article is divided into four parts excluding the introduction,the main contents are as follows:The first part is the current status of the judicial application of the compensation system when the perpetrator of the projectile at high altitude is unknown.Starting from three typical cases including the property damage compensation dispute between Chen and Yao,the judicial differences in the relief system for the victims of projectile at high altitude are identified,and the injuring by the projectile at high altitude is proposed.When the person is unknown,the compensation system has a practical application dilemma.The second part analyzes the judicial application dilemma of the compensation system when the perpetrator of the high-altitude projectile is unknown.It is found that there are problems such as the difficulty of determining the subject of compensation,the long trial period of the case,the difficulty of claiming exemptions,the unstandardized compensation ratio,and the low efficiency of judgment enforcement.The existing compensation system has not solved such practical problems,and has not reached the relief of the victims and the realization of social justice.The purpose of legislation.The third part reflects on the shortcomings of the compensation system when the perpetrator of the parabolic parabolic at high altitude is unknown.Through the empirical analysis of the judgment documents and the collection and combing of follow-up news follow-up reports on the execution results of relevant cases,it is found that the existing system has the following shortcomings: the lack of clear identification standards for the defendant has caused frequent difficulties for the plaintiff to prosecute;the failure to determine the applicable standards for exemptions As a result,the defendant bears an overly strict burden of proof;the scope and proportion of compensation were not further refined,which resulted in the defendant’s legitimate interests being improperly sacrificed.Therefore,it is necessary to further improve the existing system.The fourth part is to improve our country’s high-altitude parabolic compensation system when the perpetrator is unknown.As the existing system has many difficulties in resolving such cases,it is recommended that in the current Internet age,the principle of presumption of fault should be adhered to,and the scope of compensation should be limited to personal injury,and the application of compensation for mental damage should be restricted;the user of the building should be divided The identification standards and detailed exemptions;determination of the principle of proportional liability;establishment of special compensation funds for unidentified perpetrators to achieve the purpose of relieving victims and achieving social fairness and justice. |
