Buildings Throwing Material Liability For Research

Responsibility on thrown objects from building is are responsibility that. objects were thrown from building illegally and hurt other people , The legitimate civil rights . Modem sense of responsibility on thrown objects from building emerged under the conditions of toss objects are often difficult to clearly emerge, asa protection of the weak, a balance of interests , the risks of a rational allocation of the type of violations .Nowadays, responsibility to the buildings is not clear, therefore, the application of the relevant law is a confusion. The application of responsibility on thrown objects from building is complicated and controversial. Thus affecting the judicial practice and the unity and authority. and it is significant to study responsibility on thrown objects from building. This paper compares and analysis some opinions and concludes its views it analysis specific laws and regulations relevantto theories thrown from the building and find the advantage and is advantage then put forward their views and enrich them . What should we adopt ? What should we abandon? What is its basic character? How can we apply this responsibility? What is property compensation fund? How can we apply it? This has five parts, including foreword and main body. Through the introduction of the text related cases, application of the law is mixed in practical cases.Resulting in similar cases has opposite decision , and it needs to study the application of the responsibility.The first chapter introduces its historic development and character from ancient times to now . so we can comprehensively understand responsibility on thrown objects from building . Firstly , it introduces the regulations in ancient time and modem times from home to abroad, then analyzes the good part . Secondly , it analyzes the character of responsibility on thrown objects from building . " uncertainty , of the responsibility buildings thrown decided its own characteristics : it is difficult to determine the perpetrator . infringement of the general subjective mistakes , thrown objects are diverse . Thirdly , law applies is controversial, and our overall quality of the judges is not high , therefore the buildings thrown from must be a clear separation , in order to ensure the correct application of the law . Fourth , the building threw objects responsibility can be divided into clear infringement and copyright infringement is not clear who threw objects buildings responsibility. The second part analyzes the law applicationthe legal responsibility of a clear infringement of buildings thrown from the building . It includes the relevant law application of this responsibility which has definite oblige and which hasn't definite oblige but has a definite dangerous actors . The perpetrator was determined , and it means that the specific virulence perpetrator is identified , virulence is not clear who the perpetrators is clear .The third part compares and analyzes responsibility caused by objects tossed from building, equal liability caused by building , common risk behavior , Public safety theory . tells the relevant law application which hasn't a definite oblige, it also analyzes that this responsibility can ' t apply to equal liability , and common risk behavior and public safety theory . at last it points out the reasons. The main body responsibility for building is neglected or over-confidence neglected in subjective terms , and its scope of application is clear , using the principle of fault direct responsibility but building thrown virulence is impossible to determine the perpetrator , perpetrator is the subjective intent or negligence .The fourth chapter tells some personal opinions about solving the responsibility, and made a comment on legislative proposals of two civil law bills , and advise the property compensation fund to find a better solution to the relevant law application of this responsibility . Tort law, The basic goal is a reasonable transfer decentralized the kinds of damage in society. The victim or virulence of people linked to any single party liability are not fair , Tort unidentified people threw objects buildings responsibility for the application of the law is crucial to find the best balance between the interests of the victim and non-victimization of the innocent interests. In analyzing the current settlement building threw objects of insurance, the presumption that and administrative regulations that the pros and cons as well as the current draft of several buildings had thrown objects on the legal responsibility of the assessment, The article called for the establishment of the civil liability system . Civil liability system combine " court to determine reasonable terms associated " with " no-fault compensation for the third people Select the " combination for addressing violations of unknown people threw objects responsibility for building the application of the law more reasonable and more acceptable to the parties Property Compensation Fund asa, quasi-public authority, help the system has its own characteristics . It is the specific responsibility of the principal. Property management committee take its responsibility . Their legal status is also specific , Property Management Committee in tort unidentified people threw objects buildings virulence cases is an independent third party without the right to request . Property Management Committee take responsibility under the no-fault compensation, but the scope of compensation is restrictive.