| With the rapid advancement of urbanization,a large number of people have flooded into urban high-rise buildings.Due to the inconsistency between China’s economic and cultural development levels,the increase in high-rise buildings is accompanied by frequent cases of high-altitude throwing infringement.Before the introduction of the Civil Code,Article 87 of the Tort Liability Law had always been the basis for the trial of high-altitude throwing infringement cases in China.However,there are many controversies in the theoretical community and judicial practice regarding the provisions of the Tort Liability Law.After the promulgation of the Civil Code in 2021,new adjustments have been made to the regulations on high-altitude throwing.Article 1254 of the Civil Code provides more detailed provisions on the allocation and assumption of responsibility in high-altitude throwing cases,adds the investigation obligation of public security organs,and also adds property service enterprises as the subject of responsibility.At the same time,it stipulates the right of recovery for potential perpetrators.The study of liability for high-altitude throwing infringement and the provision of opinions and suggestions on the allocation of high-altitude infringement liability are of great significance for achieving a balance between personal fairness and social justice.This article consists of four parts,in addition to the introduction and conclusion.The first part introduces the case of Peking University’s Treasure Net,analyzes typical cases,summarizes the controversial focus issues commonly found in practical cases,and extracts the legal issues reflected in them.The second part is an overview of the legal liability for high-altitude infringement and its legal provisions,mainly divided into the connotation,characteristics,attribution principles,and legal provisions of high-altitude infringement liability.Among them,the attribution principle of high-altitude throwing infringement is the key discussion part,which provides an overview of the attribution principles adopted in Article 1254 of the Civil Code.The third part analyzes and discusses the shortcomings and limitations of Article1254 of the Civil Code,including the principles of attribution and the provisions on the burden of proof in the high-altitude throwing clause,the unclear obligations of property service enterprises and the investigation obligations of public security organs,as well as the excessive discretion and enforcement difficulties in judicial practice of high-altitude throwing infringement,and summarizes the problems.The fourth part is the key discussion part of this article,which is about how to improve the countermeasures for high-altitude throwing infringement cases in China.Relevant suggestions are proposed from modifying and improving the content of Article 1254 of the Civil Code and other channels.The improvement of the legal provisions mainly includes reducing the burden of proof on potential perpetrators,clarifying the defense reasons of potential perpetrators,and the investigation intensity of public security organs.Other relief channels mainly focus on two aspects: special social assistance funds and commercial insurance... |
