The Discussion Of The Assumption Of The Responsibility In The Tort The Personal Damage Caused By Unknown Object Fallings From A High Building

The tort the personal damage caused by throwing objects is an ancient type of tort, it has existed in ancient Rome. But, there are only few countries that have made legislation on it. In our country, according to the development of society and the growth in the living standard, the tort the personal damage caused by unknown object fallings from a high building also has been an indispensable legal problem. The eighty-seventh article of the newly issued Tort Liability Law in our country has made a separate provision in this tort. This legal provision will add new principle references for the judicial practice in our country. But it is also controversial whether the provision is reasonable and how to operate the provision in the practice. This article attempts to argue for the rationality of the new rule and try to make some imagination and demonstration on the operation of the new provision through the comparison of the judgment and legal basis of the judgment in the same kind of cases, in order to pursue the most reasonable way to carry out the new rule.Firstly, the article summarizes some obstacles that exist in the assumption of the responsibility in the tort the personal damage caused by the unknown object fallings from a high building through the analysis the advantages and disadvantages of the four different judgment mode from the three typical cases in the judicial practice. Then the essay gives the analysis and discussions on the four solution model of the tort in the current positive law system in theory and makes some selective analysis of the eighty-seventh article of the Tort Liability Law, it makes a conclusion that we can't resolve this tort cases in the framework of the Tort Law. Therefore, the essay employs a new solution that it establishes a new legal obligation as the foundation of right of claim. Finally, the essay makes some analysis of the application of the compensation liability which is set in the eighty-seventh article of the Tort Liability Law. Through the discussion of the identification of the liability subjects and the methods of bearing liability and the enforcement of the compensation liability, the essay make a conclusion that the inhabitants who maybe make the personal damage and can't exempt from it should share responsibility for the victim's lost in average and the judge could make a discretion on the amount of compensation in accordance with the different cases.