Research On The Tort Liability Of The Offender For Throwing Objects From High Places Without Knowing I

With the continuous progress of urbanization in China,the cases of people damage caused by throwing objects from high above occur from time to time,which have seriously jeopardized the social and public safety.Article 87 of the Tort Liability Law clearly stipulates the liability for damages caused by throwing unidentified objects from high altitude,which plays a positive role in relieving victims and maintaining public safety.However,the academic community and judicial practice do not fully recognize the legitimacy of their legal application.Article 1254 of the civil code on this basis,combining with the judicial practice,the person’s right of recourse against the clear compensation,property service enterprise buildings such as manager of security obligation responsibility and public security organs of the investigation,the offender is unknown high altitude parabolic tort liability rules have improved,but there was problem has not been substantial,so it is necessary from the basic theory and practice of tort law perspective,comments on the high-altitude throwing to the liability for damage caused by the system.Apart from the introduction,this paper is divided into four parts,the main content is as follows:The first part introduces the legislative evolution of Article 1254 of the Civil Code.The normative change and positive significance of Article 87 of the Tort Liability Law were analyzed,the system amendment of Article 1254 of the Civil Code was analyzed,and the legislative trends of China’s aerial parabolic were observed.The second part introduces the characteristics of the undefined parabolic behavior,the connotation of the undefined injurer,the obstacle of imputation and the discrimination between the undefined parabolic behavior and the approximate behavior of the injurer.The third part investigates the problems existing in the judicial application of the harm-liability standard of the injurer’s unidentified throwing from high altitude.Through the investigation of judicial practice,it is concluded that the current system has some practical problems,such as difficult execution of judgment,improper application of law,aggravating the burden of ordinary people’s behavior,and deviating from the purpose of legislation.The fourth part analyzes the plight of the offender’s unknown rule in the litigation procedure.From the point of view of procedure,the author thinks that there are some problems,such as the limitation of plaintiff’s choice,the ambiguity of defendant’s determination standard and the improper distribution of burden of proof.The fifth part proposes to construct diversified legal remedies.It is suggested to strengthen the social security system and learn from the practice of Hong Kong to improve the information access of the victims,namely law enforcement and judicial organs;Attempts to reduce the incidence of high altitude parabolic phenomena by depriving certain persons of residence,etc.