Analysis of Civil Responsibilities for Injury Caused by Undefinded Slung Object from High-rises
|School||Wuhan University of Technology|
|Keywords||Throwing objects Imputation Principles The main responsibility Accountability The scope of compensation|
In modern society, urbanization, urban residential development to the top of the high-rise residents uncivilized throwing acts seriously jeopardize the personal and property safety of the pedestrian downstairs. China's densely populated, the status of skyscrapers may occur more tall buildings thrown objects causing damage cases. In practice, however, such cases because they can not determine the real perpetrator makes difficult to make up for the damage suffered by the victims. The crux of the problem lies in the absence of existing laws, the practical operation of different theories from different perspectives. The purpose of this thesis is the clarity of this act of civil liability, the answer to the high-rise throw objects cause damage, as demonstrated in the case because the perpetrator could not be identified Liability Principle is not uniform, the responsibility is not clear, the responsibility of the main uncertainty responsibility unclear scope of the problem, to improve legislation and practical to provide according learn reference. This article is composed of three parts by the introduction, body and conclusion. Introduction describes the background and purpose of the writing of the paper. Interpretation of Chongqing ashtray case and Shandong cutting board case leads to the problems to be studied in the article. The text is divided into four parts. The first part is to throw objects of unknown cause damage to civil overview on high-rise. Focused on the definition of high-rise buildings is unknown to throwing objects causing damage to civil liability connotation summarized tall buildings unknown characteristics throwing objects cause damage to civil liability. The second part is the unknown throwing objects causing damage to the civil liability provisions of the extraterritorial regulatory status quo, and tally up the legal system for reference by examining the Roman law, civil law and the common law system of high-rise buildings. The third part is the unknown the thrown object causing damage civil liability legislation and regulations system inspection and trends of our high-rise. Article feasibility analysis of the existing law is not applicable on the premise that legislation vacancy; summarizes the need to crack the problem on the Legislation of the existing tort law draft tend summarization. The fourth part is to throw objects of unknown cause damage to the civil liability system architecture of the part is benzene text foothold focus on high-rise. This part of thrown objects causing damage of Civil Responsibility, the main responsibility to bear the responsibility and the scope of damages comprehensive design for high-rise buildings is unknown. Denied the application of the principle of fault liability system of the principle of culpability, and certainly no Liability Principle. Determine accountability by shares responsibility, to be shared equally between the damage by the buildings of all the people, and in order to balance the interests of the need to exclude the responsibility of the main body of the victim's mental damage compensation. Finally, in the summary section concludes the paper summarizes and certainly thrown objects cause damage to civil liability system architecture made for high-rise buildings is unknown.