Research On The Sharing Of Parabolic Losses From Unknown Victims Under The Civil Code

This paper analyzes the legislative evolution of the infringement and the corresponding practice evolution of the relevant cases,summarizes the controversial focus and puts forward the improvement of the infringement rules.Article 87 provides a unified sign for the court to solve the case where the specific infringer cannot be found,and alleviates the phenomenon of "different judgments in the same case".However,Article 87 focuses on safeguarding the interests of the victim,ignores the interests of the person who may harm,and has defects such as relatively single subject of attribution and insufficient degree of punishment.Article 1254 of the Civil Code is the latest law issued in this background,which shares the loss of unidentified thrown objects under the Civil Code between the victims and the possible perpetrators,which not only maintains the social fairness and justice,but also maintains the fairness and justice of individual cases.Therefore,this article mainly through the tort liability law of the article 87 and article 1254 of the civil code,The effect in judicial practice is also compared and demonstrated.Article 87 Positive effects are expressed as follows,which is shown as: in terms of legal provisions,it clearly stipulates how to deal with the infringement cases of throwing objects from high altitude with unknown perpetrators,and protects the rights and interests of the victims,which is conducive to the realization of social fairness and justice.However,in judicial practice,Article 87 of the Tort Liability Law,while providing treatment guidelines for dealing with the infringement of throwing objects from high altitude,there are also some hidden dangers.The negative effects caused by Article 87 are obvious.For example,the subject of the compensation liability is the possible offender,and the attribution subject is relatively single.The property service enterprise is not included in the scope of the undertaking subject,which excessively increases the burden of the possible offender.Although the emergence of article 87 protects the interests of the victim,it harms the interests of the innocent among the possible perpetrator and does not provide relief for the possible perpetrator who bears moral responsibility.In this regard,Article 1254 of the Civil Code introduces the property service enterprise into the subject scope of compensation liability,reduces the burden on the possible perpetrators,increases the right of recourse,provides legal protection for the possible perpetrators to safeguard their legitimate rights and interests,stipulates that the public security authorities intervene in the investigation,give full play to the role of state organs,use state resources to investigate the real infringer,reduce the scope of possible perpetrators,and relieve the loss of the victim.This is the embodiment of further safeguarding fairness and justice in individual cases under the general premise of maintaining social fairness.In view of the above problems,the improvement plan includes,the refinement of the new content of Article 1254 and the supplement of the concept of inheriting Article 87,and broaden the relief channels beyond litigation.Among them,additional additions to Article 1254 include,clarifying the relevant provisions on the right of recourse and the responsibility of property service enterprises,and clarifying the handling standards of legal competition and cooperation.Supplement to the concept of Article 87 mainly includes the following measures: further clarify the scope and degree of compensation liability,and refine the relevant provisions of the scope of exemption.The law is not omnipotent,so it is quite necessary to introduce one outside the lawsuit.There are the main measures to broaden the relief channels outside litigation: dealing with the connection between civil law and criminal law,applying the mediation mechanism,opening up judicial channels and the relief means outside the law.