Analysis Of Liability Of Throwing Objects

As the economy of china develops, the pace of the urbanization acceleraties. and the problems of high population density and high-rise buildings are more and more outstanding. Some inhabitants'bad habit of throwing objects from high building occurs some personal injury accidents. It is hard to determine the liability of this kind of tort, because the real feason is hard to find. There is drastic dispute in theoretical and practical field about the question whether the victim should be protected and how to protect in this kind of event. Now the Tort Liability Law make a provision of this question: all the possible infringer in the building should be liable for the injury. After the law coming out , the supporters give strong backing to this clause, but the opponents strongly criticize it as bad law of"moxuyou"(unwarranted )and"lianzuo"(be punished for being related to or friendly with sb. who has committed an offence ). However, it is valuable to give deep discussion to these questions: who is liable to the injury when the real feason is not definite? And what is the theoretical basis of the liability? Begin with the first case of throwing objects from high building in Chongqing, the dispute of the questions is endless. The final reason of the dispute is the distinctiveness of this kind of event: It is clear that the real defendant of this kind of case should be one person, but this clause defines that all the possible infringer in the building should be deemed to be defendants when the real feason is not found. Actually, Most of these possible infringers are inhabitants in the building who are not participants of the tort, but they have to assume liability only because they inhabit in the building.This thesis gives a systematic analysis on the infringement cases of throwing objects from high building. The purpose of the thesis is to have a profound analysis on the liability of throwing objects from high building and Article 87 of Tort Liability Law from angles of historical, theoretical, primary meaning analysis. In this thesis, I bring forward some of my suggestions on these aspects, such as the character of the thrower, theoretical and practical research , correlate legislation of our country and other countries, the defects of the present law and the improvement of the future law.The research of the thesis use methods of historical , comparative jurisprudential and philosophic analysis.The thesis is divided into four parts, including the text and the conclusion.The first part surveys the main opinion of the liability of throwing objects from high building on legislation and practicing and something correlated, such as the distinction of the conception of the liability of throwing objects from high building with correlate conception. On the basis of this survey, I point the focus of this issue, that is who should assume the liability of this kind of case and what is the basis of the liability.The second part analysis the cause and the formation of this kind of case. Further more , the influence factors on legislation are also analyzed in this part.The third part set forth my opinion on this question. In my opinion, balance of value should be considered in legislation when the real feason is not found. I point that the Article 87 of the Tort Liability Law is an result of value balance and an hard choice in the dispute of two values by analyses in aspects as the relation of social change and strict liability, theory of righteousnes, economic jurisprudence theory.On the basis of the three parts ahead, the fourth part bring forward my suggestion on the improvement of the Tort Liability Law of which the property management company also should assume the liability. And I also give my opinion on the application of the Tort Liablity Law ,which is that the suspect should be strictly defined and the award should be determined properly. At the same time, this kind of case in which the real feason can not be found should be related to the system of social security which is good to remedy the loss and to share the risk. Finally, the management on this case should be enhanced so that the inhabitants can restrict their acts and prohibit this immoral act.