| This paper presents following cases like harm caused by an ashtray in Chongqing, harm caused by a wooden board in Jinan and harm caused by fragments of flowerpots in Dandong at first. And then according to Article 87 in "Tort Liability Law" it points out characteristics of the tort in above cases which includes uncertainty of specific tortfeasor. In the meantime the paper shows that no-fault liability should be applied in the liability caused by objects thrown out of a building or falling down from a building. At last the paper shows the rationality of Article 87 in "Tort Liability Law" and suggests on the application of this article.The first part analyzes characteristics and constitution of harm caused by objects thrown out of a building or falling down from a building. There are four unique characteristics, first, uncertainty of specific tortfeasor, which could not be identified by all means; second, it is the building that objects thrown out of or falling down from; third, objects falling down from building are different from objects laid or suspended, they are not supplementary part of building. Furthermore by comparing with normal torts, building liability and joint dangerous respectively shows differences of harm caused by objects thrown out of or falling down from a building.The second part analyzes related issues of civil liability on harm caused by objects thrown out of or falling down from a building. First of all, analyzes the fault liability, no-fault liability and equitable liability and shows the rationality of no-fault liability under article 87 in Tort Liability Law. Second, shows the rationality of the liability of users of the building on the grounds of public security, social equity and value judgments and the rationality of the liability of possible users of the building. Finally, points out the rationality of indemnity by comparing compensation and indemnity.The third part is what we need to consider when we apply article 87. First, indemnity is not a kind of punishment, so it should not include all losses and moral damage compensation. Second, the victim should bear some liabilities when the uncertainty of specific tortfeasor is caused by him or her; third, what are defenses that the possible users of building can apply, such as out of building scope, a lack of relevance and proving another person is the specific tortfeasor. |
