Study Of Tort Liability About Throwing Objects From Upstairs

With the developing of society construction,high-rise building increases,the harm incident caused by throwing objects from upstairs occurs frequently.This problem is not only a moral problem,but also a legal problem.The courts around each region give different judgments about the same case,because there is not a clear regulation to solve this case.It affects the judicial authority and makes citizens doubt the impartiality of the law.Law of tort liability has been issueded to solve this case,it provids the guideline and according to trial the case of throwing objects from upstairs.But as we all know,only depending on law is not enough.So law of tort liability has many deficiencies which need to be improved.How to make throwing objects from upstairs consistent with general tort elements,how to balance distribution of responsibilities between the victims and the innocent tenants,how to provide the most reasonable,timely,comprehensive relief to the victims,and so on.These points has become disputed areas.To probe the wise and fair solution about throwing objects from upstairs,we need discuss both of the theoretical and practial aspects.This thesis has been divided into five parts.The first part is the introduction. Summarize the tort liability about throwing objects from upstairs.The second part is the expedition about legislative value of throwing objects from upstairs.The third part is followed by analysis about the focal points on throwing objects from upstairs.The fourth part is about the inspirations which comes from the foreign legislation.The last part is the comments of the existing law about throwing objcets from upstairs and the suggestions for improvement.Chapter one starts with the introduction about related concepts of throwing objects from upstairs' tort liability.Defined the conceptions of throwing objects from upstairs and its tort liability separately.Useing the comparison and logic research methods comprehensivly,clarify the same points and different points among throwing objects from upstairs,general tort,quasi joint act of tort.After this,we provide the reasonable premise for Tort Law.Chapter two starts with the analysis about the value of legislative for throwing objects from upstairs.Throwing objects from upstairs is not only the social issue,the legal issue,but also one economic issue.It's a game about various legal value in jurisprudence which legislation for throwing objects from upstairs,it's a game about personal interests and public interests in sociology,it's a game about the cost and the damage probability in economics.Through the analysis about two judgments,the Chongqing court's judgment and the Jinan court's judgment,we may see the necessity of Tort Law.The same case,but there are different judgments,this is not only affecting the legal seriousness seriously,but also leading the public question the fairness of the law.Chapter three is talking about the major dispute in throwing objects from upstairs.One is the main body in accountability,owners,victims or public.Two is the responsibility principle,using fault principle,fault presumption principle or fairness principle.Three is the form of accountability,let the sued owners bear the joint compensation,or let the sued owners bear the damage by shares.Chapter four starts with the comparative analysis about foreign legislation of throwing objects from upstairs,and then expound the enlightenment for China.There is law for regulating throwing objects from upstairs in ancient society and in modern society abroad.This thesis sets out the law or cases of throwing objects from upstairs in Civil Law(including Roman Law) and in Common Law.Their burden of proof and their economic analysis method is worth learning.Chapter five talks about the existing laws about throwing things from upstairs and then indicats the deficiency of the existing laws,on this basis,putting forward the improvement suggestions.Before Tort Law,there are two views on the law application in treating throwing objects from upstairs.One is that pursuing all owners the joint and several liability,according to Article 126 of Civil Law.The other is that adjudicating all owners sharing the losses which the victims suffered justly,according to Article 132 of Civil Law.Tort Law give one unified solution for such cases,but it needs to be improve in virulence reason,proof burden,exemptions.And then there has many remedies for victims which needs to be expand.The law is not a panacea,we should know that there are comprehensive relief ways for vicitims.The author discusses other three types relief ways,the first is insurance,voluntary insurance plus compulsory insurance.The second is social security,but current situation of our country can not provide social security for vicitims in this case.lt is undeniable that formulating Social Relief Law is necessatily.The third is letting property management companies assume the responsibility in its jurisdiction.Letting the property management companies assume the responsibility is possible,author talks about this in three aspects,theoretical basis,form of responsibility,liability waiver.