China’s Throwing Object Damage Relief System Reflection And Socialized Relief

In today’s society,there are many high-rise buildings,and incidents of throwing objects from height are common,and the incidence has been on the rise.In terms of civil remedy,if the specific tortfeasor can be identified,it can be carried out according to the general tort liability path.However,due to the similarity in the perception height of the facade of each household in the same high-rise building,the suddenness of the high-altitude throwing behavior and the inability to fix the evidence in a timely manner,it is difficult to identify the specific tortfeasor in reality,which has created a considerable obstacle to the relief of the victims and has become a pain point of civil law.Article 87 of the Tort Liability Law of the People’s Republic of China(hereinafter referred to as "Tort Law"),which was implemented in 2010,provides for liability for throwing objects from a height for the first time.In the case that the specific tortfeasor cannot be identified,the victim can claim compensation for the damage from the "user of the building that may cause the damage",but the nature and scope of the "compensation" is not clear,and the determination in judicial practice is also very different,coupled with the difficulty of enforcing the judgment.This makes it difficult for the victims to obtain effective relief for their damages.Based on this,Article 1254 of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code"),which was implemented in 2021,further improves the rules of liability for throwing objects from a height: it clearly prohibits the act of throwing objects from a height,adds the right of recovery for possible aggrieved persons,the relevant responsibilities of property managers,and increases the obligation of public security organs to investigate in a timely manner according to law.However,the rules are not without problems in the specific system settings.First of all,in the principle of attribution,the principle of attribution of responsibility for different subjects is not distinguished and not clear.The property manager is responsible for safety and security(fault liability),or object damage liability(presumption of fault liability),is not clear;second,in the causation determination,the non-genuine responsibility of the possible perpetrators because there is no tort,its responsibility can not be applied to the presumption of causation;again,in the liability,the possible perpetrators of the scope of compensation judicial determination of different,the nature of the property manager’s responsibility,the subordination,the possibility of recovery are not clear.The nature of the property manager’s liability,its subordination,and whether it can be recovered are not clear.In order to solve the difficulties of victims’ relief and balance the interests of all parties,a compulsory liability insurance for throwing objects from a height should be established from the perspective of socialized relief.If the tortfeasor can be identified and the liability insurance is insured,the damage will be compensated by the insurer within the liability limit of the compulsory insurance.When the victim’s loss is greater than the liability limit,the difference is borne by the direct tortfeasor.If the direct tortfeasor is intentional or grossly negligent,the insurer has the right of recovery against him.If the specific tortfeasor cannot be identified but has been insured,the victim can claim damages directly from the insurer,and if the damage exceeds the insurance liability limit,the insurer can recover from the "possible aggrieved party" determined by the public security authorities after making an advance.If the property manager should be insured but not insured,the victim in the event of serious personal injury,the victim can also claim emergency relief costs from the compulsory liability insurer,when the compulsory insurance both fund relief function.After the insurer advances the money,the direct tortfeasor or property manager has the right to recover.On the basis of tort liability determination,supplemented by mandatory liability insurance for objects thrown from a height can be set up to enable victims to obtain timely relief,but also to reduce the victim and the "possible perpetrators" of the burden of litigation,more help to achieve a balance of interests.