Study On The Liability Of High Altitude Parabolic

Today, more and more high-rise buildings are built, building damage cases occur frequently, so the consequences are more and more serious. Before the introduction of the "Tort Liability Law ", among the court there is no clear legal basis in such cases, and on the case of unified understanding also are not identical, so the court decisions are different. In 2009, the through of the "Tort Liability Law " is an important milestone in the history of China’s legislative, this law have many system innovation, including 87 th of the damage caused by high-altitude parabolic cases approach clearly stipulates, the law fills the gaps in the damage cases of the high altitude parabolic, and end the court different codefendant situation, at the same time, this express the legislators’ attitude to protect the victims. But the academic and theoretical circles on the rationality of the 87 th question debate continues. This paper tries to set out this question from several typical cases in judicial practice, elaborate briefly about the damage caused by high-altitude parabolic to the significance of the topic. Through the introduction of this type of case in the evolution of extraterritorial legislation and theory, "Tort Liability Law" article 87 th of the legislation and academic circles for 87 th issues, from the theoretical and practical aspects of "Tort Liability Law" article 87 th legislative ideas and legitimacy to carry on the analysis, the author concluded the conclusion that damages caused parabolic should not regulate only by the tort law. But China’s current regulates for damage caused by parabolic, the court can’t ignore and abandon the legislation, so how to understand the 87 th better is currently the most urgent task. When understand the 87 th, whether in legislation or between the academic circles are very controversial, mainly reflected in the provisions of the imputation principle, the subject of liability and so on. So the author from several aspects to discuss, to better apply the 87 th provides reference value. Finally, this paper analyzes the problems of the case in the judicial practice and points out which is the perfect suggestions in the aspects of procedural law and social law. How to explain and apply the "Tort Liability Law" 87 th article, the academia circles have their own views and understanding.This paper consists of four parts.The part of introduction, starting from the analysis of three typical cases, put forward the related questions about the personal damage caused by throwing objects, points out the value and significance of the research, and the damage caused by high-altitude parabolic literature review research.The first chapter, through comparing with abroad, the analysis of different views held by the domestic legislation evolution and the academic circles, the "Tort Liability Law" article 87 th of the rationality of the analysis, thus draws the conclusion: the personal damage caused by throwing objects should not only be restricted by the tort law, the "Tort Liability Law" 87 article should not is the only way to solve this problem.The second chapter, the "Tort Liability Law" in article 87 th of the regulations of the damage caused by high-altitude parabolic behavior characteristics, and with similar behavior is summarized, the theoretical basis, for the damage caused by high-altitude parabolic elements are discussed, on how to better understand the industry legislation "Tort Liability Law" of 87 th. Then pointed out that the damage caused by high-altitude parabolic tort law does not meet the constituent elements of the responsibility, should not be regulated in the tort law field.The third chapter, mainly introduces the liability for damage caused by high-altitude parabolic subject scope, the nature of liability, form of liability, so that a more in-depth study on the civil liability of aerial parabolic tort.The fourth chapter, study the suggestions from the connection between the different departments of law, criminal law, social law is put forward from the aspects of high-altitude parabolic problems to solve the damage caused by high-altitude parabolic, and this part puts forward several solutions to achieve full relief, relief to the victims, to achieve fairness and justice of law, and hope to solve this problem and provide a final useful reference.