Research On The Tort Liability Of Property Service Enterprises In People Harmed Caused By High-altitude Throwing (Falling) Objects

In recent years,China’s urbanization has entered the stage of rapid development,and people’s living environment has been greatly improved.In the residential and office environment of high-rise buildings,the case of falling objects frequently occurs,which is called "the pain hanging over the head".Article 89 of Tort Liability Law of China issued in 2009 makes provisions on how to relieve victims of cases of high altitude throwing(falling)objects.The Civil Code of China will come into force in 2021,and article 1254 of it is improved based on Article 89 of the original Tort Liability Law and the opinions of the academic circle.The biggest highlight of the revision is that property companies are added as the subject of liability and their safety guarantee obligations are clarified.However,the provision of this provision is too brief,easy to lead to various judges hearing cases on the relevant circumstances of the decision is inconsistent.Therefore,instead of discussing traditional problems,current situation and countermeasures,this paper aims to discuss the specific connotation and identification of tort liability of property service enterprises in article 1254,Paragraph 2 of the Civil Code.In this paper,the theoretical basis of the liability of property service enterprises,namely,the violation of security obligations,is discussed,and then the identification and scope of property liability and other important issues are deeply analyzed.The purpose is to put forward a reasonable legal application scheme to avoid the phenomenon of different judgments in the same case,which is conducive to balancing the interests of all parties in the case,protecting the victim to the greatest extent,and revealing the legislative spirit of tort liability law.The paper is divided into three parts:The first part is the theoretical basis of the security responsibility of property service enterprises.This part starts with the introduction of the concept and content of security obligation,and analyzes it in combination with mainstream theories,affirming the nature of security obligation which is based on legal provisions and supplemented by contractual agreements.Secondly,the article think the realty service enterprise security responsibility,do not belong to the civil code provisions of article 1198 of the general security responsibility caused,by explaining the distinction clear realty service enterprise security responsibility in the position in the civil code,again through the essence of property management and other content on the legitimacy of law clear property security responsibility.Finally,for the same legal provisions,security obligations and security measures of different words,explain the difference between the two and the specific security measures.The second part is the determination of tort liability of property service enterprises in the case of high altitude throwing(falling)objects.This part focuses on explaining how the provisions of Article 1254 of civil Code on tort liability of property service enterprises should be applied.First of all,the judgment standards for property service enterprises to fulfill security obligations are explained in detail,and the principle of "reasonable limit"and several specific judgment methods are introduced.Secondly,the tort liability of property service enterprises under the circumstances of throwing objects from high altitude and falling objects from high altitude applies the principle of fault liability and the principle of presumption of fault respectively.Finally,four elements(behavior,damage,causality and fault)are analyzed one by one in order to better understand the specific application of this article.The third part is the responsibility of the rule of human damage caused by high altitude throwing(falling).In this section must realty service enterprise under the premise of tort liability has independent value,first discuss to find a direct infringer,combined with theory analysis,the realty service enterprise for direct infringer fails to perform its part of the special supplement responsibility point of view,because of its particularity mainly embodied in the property fault of responsibility,It will not be eliminated by finding the direct infringer.Secondly,when the direct infringer cannot be determined,the relationship between the liability of the property service enterprise and the liability of the possible infringer is based on the liability relationship,and the two parties do not enjoy the right of recourse.