Research On Civil Liability Caused By Throwing Objects At High Altitude In China

With the accelerated process of urbanization,high-rise residential buildings are lined up one after another,and high-altitude projectile cases occur frequently throughout the country,ranging from property damage to personal injuries and injuries,each occurrence can trigger public opinion.In view of the fact that high-altitude projectile cases are both sudden,difficult to prove,harmful consequences,and unbearable for victims,article 87 of the Tort Liability Law stipulates that when the specific infringer is unknown,the building user who may be harmed shall bear the compensation liability,because the legal basis for making the potential perpetrator bear the compensation liability is weak,and the design of the law is relatively simple,which not only causes various controversies and doubts in the academic circles and society on the subject of responsibility,the principle of attribution and the definition of responsibility,but also fails to effectively curb such acts The social effect is not good.Although there are irrationalities in this rule,this article is a product of China’s national conditions,and it has the important significance of relieving victims,stabilizing social order,and carrying the socialist concept of rule of law in a specific historical stage,and it is still necessary to retain.The Civil Code has made more radical changes to it,rebalancing the allocation of interests between the parties,and trying to minimize the possibility of liability by potential perpetrators on the basis of rescuing the victim,but its provisions are still vague and there are still some difficulties in judicial practice.scope of compensation,unclear reasons for exemption of potential perpetrators,unclear liability for property security,and unclear relationship between compensation liability of potential perpetrators and liability for property liability.The interests of the likely perpetrators and the victims should be better balanced by limiting the scope of compensation and clarifying the reasons for exemption,and while clarifying the scope of obligations and reasons for exemption from liability of managers such as property managers,it is also necessary to clarify the order of compensation within the responsible subject.Only by fully balancing the interests of all parties in the judicial process can the legislative purpose of fairness and justice be achieved.In short,the implementation of the Civil Code is not the end of the study of the high-altitude projectile rule,but also the beginning of the improvement and interpretation of the rule in practice.