Research On Civil Liability Of Falling Objects Under Civil Code System

The number of high-rise buildings in my country is increasing day by day,and the corresponding number of high-altitude falling（throwing）cases has also surged.Because falling objects from high altitude often cause huge safety hazards to the public in real life,they have always been a topic of concern to the public.In order to better handle such cases,the Civil Code of the People’s Republic of China establishes a prohibition that conforms to the mainstream social values and general public environment on the basis of regulating the consequences that must be borne by the persons involved in the cases of damage caused by objects falling from heights;Expand the subject of responsibility,and the property department that fails to perform its duties also needs to be the subject of responsibility;and further clarifies the investigation profession of the public security organs;on the basis of identifying the users of buildings who may cause harm,it must be ensured that they enjoy a certain range of rights.right of recourse.Taking the responsibility target mechanism as the starting point,reasonably configure the rules,and make appropriate adjustments according to the actual operation.Rebalance the interests of all parties in high-altitude falling（throwing）cases,and create a new comprehensive governance model that combines multi-party participation in governance,legal rules and behavioral norms.Strengthening the remedies for rights and legitimate rights and interests and making the rules more in line with the concept of fairness and justice is because the thinking mode of comprehensive governance was adopted in the compilation process.This paper studies the legal application of the "Civil Code" rule on damage caused by falling objects and throwing objects in combination with the legal interpretation and the status quo of trial practice.First of all,according to the problems in the judicial practice application of Articles 1253 and 1254 of the Civil Code,this paper leads to the controversy over the liability for damage caused by falling（throwing）objects in the theoretical circles.Specifically,it includes disputes over the scope of application of the "falling（throwing）objects from heights" rule,disputes over the subject of responsibility,and discusses the legitimacy of civil liability for falling objects and throwing objects from heights from the perspective of legitimacy and judicial practice effects.Secondly,through the classification and analysis of typical cases through the source of the falling objects and whether the responsible subject is clear,the judicial practice of falling objects and parabolic objects is reflected on the legal theory.Thirdly,this paper summarizes the foreign legislation on falling（throwing）objects from heights by examining the representative legislative systems in foreign countries and through comparative research.Finally,combining the above viewpoints,this paper deeply analyzes the provisions of the Civil Code of the People’s Republic of China on the harm caused by falling（throwing）objects from high altitudes,especially the safety guarantee obligations of property service enterprises and the new possible building users exercising the right of recourse.The rules apply.At the same time,some suggestions are put forward: limit the scope of application of compensation liability,establish the identification standards for building users and refine the reasons for exemption,limit the scope of compensation for damage caused by falling（throwing）objects,and determine the amount of compensation for each compensation subject.Methods.In order to facilitate the rational use of existing legal provisions,strive to fill the shortcomings of existing laws,especially in the judicial field,determine the method of dividing the amount of compensation for each compensation subject,strictly distinguish the difference between thrown objects and falling objects,and establish policies including publicity and education,liability insurance and Diversified prevention and relief approaches,including social assistance.