On The Intervention Mechanism Of Public Security Organs In Civil Cases Of High-altitude Throwing (Falling) Objects

From the perspective of game theory and with the help of Nash equilibrium model,this thesis comprehensively analyzes the problems existing in the traditional civil case settlement mechanism of high-altitude throwing(falling)objects,the value after the intervention of public security organs,and the legislative inevitability and judicial necessity of public security organs’ intervention in the tort investigation of high-altitude throwing(falling)objects civil cases.This thesis holds that the traditional civil case settlement mechanism of high-altitude throwing(falling)objects is dominated by private relief and supplemented by public relief.It is difficult to find out the facts of the case and can not make the real infringer of high-altitude throwing(falling)objects pay the price.On the contrary,innocent building users bear the last consequences of damage,which eventually leads to the failure of judicial justice in court decisions,the low rate of actual performance and the victims’ inability to receive due compensation,Social contradictions intensified.China’s civil code has created the national public security organ’s right to investigate the infringement of high-altitude throwing(falling)objects,which makes it clear that the public security organ has the right to participate in the investigation of high-altitude throwing(falling)object infringement cases even if there is no criminal or administrative illegality,has the legal obligation to identify the actual infringer,and has established a new mechanism dominated by public relief and supplemented by private relief.This mechanism is conducive to effectively solve the problem that the actual infringer cannot be confirmed by relying on the private relief of the infringed.The intervention of public security organs also needs to establish and improve various supporting systems,and clarify the power composition mechanism,power operation mechanism and power supervision mechanism of public security organs’ intervention,so as to finally realize the legal and effective exercise of the right to investigate the infringement of high-altitude throwing(falling)objects by public security organs.