Research On The Responsibility Of Civil Liability For Damage Caused By High Altitude Broken Objects

At this stage,China’s urbanization process is constantly advancing.High-rise buildings are ubiquitous,and there are frequent cases of damage caused by throwing objects at high altitude.With the implementation of the Civil Law,there are still many controversies about whether there is a lack of theoretical basis for requiring compensation from potential perpetrators,and how property enterprises assume the responsibility for violating the obligations.This article will dig into issues above base on the law and cases that relevant,hoping to solve the problems of high-altitude throwing injury in practice.Apart from the introduction and conclusion,this thesis is split into three chapters.The first chapter of this thesis is the introduction of cases and to summarize the focus of controversy.It summarizes the problems of high-altitude parabolic cases from three typical cases: Why is it so difficult for potential offenders to accept the court’s decision to hold them liable? How to share the responsibility among the possible perpetrators? In a high-altitude throwing case,how to judge that the property service enterprise has violated its safety and security obligations? What is the principle of attribution of property service enterprises for tort liability? How should the liability among the property service enterprise,the specific offender and the potential perpetrators be distributed?The second chapter of this thesis determines the scope and responsibility of the possible perpetrators in high-altitude parabolic cases.The scope of possible perpetrators are difficult to determine and easy to be improperly expanded.If the identification of potential perpetrators in judicial practice is too broad,it will lead to more innocent people to be held accountable,so their scope needs to be limited.At the same time,the possible perpetrators need to prove that they didn’t implement the high altitude parabolic behavior and they were not the inflicter to exempt them from prosecution.As for the bearing of the liability,if it is determined that these potential perpetrators should compensate the victim,the compensation should not be interpreted expansively to increase the burden on them.If the court decide that potential perpetrators do need to compensates the victim,they should bear shared responsibility.After the possible perpetrators give compensation,they has the right of recourse.The third chapter is to study the security obligations of property service companies in high-altitude parabolic cases and the responsibility for breach of obligations.This thesis will determine resource and content of the safety control duty of property service company at the beginning,so as to put forward clear and operable standards to judge whether property service enterprises fulfill their duty.Secondly,the principle of attribution for property service company violations of security obligations is fault liability.The principle of attribution for falling objects at high altitude is fault presumption.Finally,when the tortfeasor can be determined and he or she has the ability to compensate,the property service company shall not be liable;when the tortfeasor cannot be found,the court shall determine that the property company shall bear the priority of supplementary liability,the possible perpetrators will cover for the rest,and the recovery right of the possible perpetrators take precedence over the property company.