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Analysis Of The Application Of Tort Liability For High-altitude Parabolic Objects In The Civil Code

Posted on:2022-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:J K XuFull Text:PDF
GTID:2516306614962659Subject:Publishing
Abstract/Summary:PDF Full Text Request
High altitude parabolic tort liability has been criticized since it entered the law,and has been challenged by the different standards of decision in judicial practice.The interpretation of this rule varies greatly from one local court to another,and the results of many similar cases in judicial practice vary greatly.However,With the introduction of the Civil Code,the law made significant changes to the tort liability law.,which is obviously progressive.However,as a basic law,the provisions of the civil code are difficult to be all inclusive.We should still explore and reflect on the rules of harm caused by high-altitude parabolic,take the application in judicial practice as the starting point,and focus on the balance of interests between the victim and the perpetrator,so as to make the application of high-altitude parabolic tort liability more unified and operable.This paper aims to start with the typical cases of high-altitude parabolic tort liability,lead to the difficulties and problems of the application of the rule in China's judicial practice,elaborate the theoretical basis of high-altitude parabolic tort,explore the historical evolution and legislative background of this kind of tort legislation in China,and comb it vertically.At the same time,vertical and horizontal comparative research is carried out in order to understand the historical evolution of the liability for damage caused by high-altitude throwing objects,so as to learn useful practical experience abroad,explore the reasonable setting and application path of the liability,and put forward corresponding treatment suggestions for the problems existing in the judicature,so as to realize its due meaning in the judicial practice.
Keywords/Search Tags:unknown perpetrator, Civil code, tort liability, Imputation principle
PDF Full Text Request
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