| With the acceleration of urbanization, China’s rapid rise residential development, now in various large and medium cities, and even the three tier cities, there are always so many high-rise buildings. With the rise of high-rise residential, there is a lot of cases caused by altitude parabolic. Today’s high-altitude parabolic infringement cases seems common to people, but behind these seemingly simple and similar cases the outcome of the trial have gone very differently. Originally two infringement cases properties and forms are similar only because in different geographical litigation, appeared opposite judgment. Even before China’s relevant laws and regulations promulgated and implemented, the court for such cases there is no uniform standards applicable, you can only use the simple theory of civil law or procedural law to rule, thus creating a gap of legislation for some time. When China formally promulgated and implemented the "Tort Liability Act," although it is a good remedy for this legal gap, but the legal profession has created a lot of controversy on the provisions of this article. Judicial practice had not achieved the desired effect of safeguard legitimate rights and interests of victims, easily lead to more intense social conflicts. Like in previous years, very famous, "Ji’nan cutting board case" and "Chongqing plastic flower pots case", etc., because lack of a unified and clear the applicable standards, local courts for such special tort cases are often based on different legal thinking to Judge. This causes confusion among judicial practice appears difficult to form a clear unified legal applicable system, is likely to cause dissatisfaction and implement difficulties to the infringement cases. Behind these phenomena, the fundamental reason is that the level of the existing legislation for such special tort cases no explicit regulation. The main elements of this tort liability, responsibility principles, etc. lack clear and specific provisions. Moreover, the relevant laws of China "Tort Liability Act" is not able to deal well with the cases caused damage by high altitude parabolic in the daily life, and is very likely to cause conflict, scholars have a lot of controversy to this provision. Law so required is more like standing on the legislative level, to compensate victims for the loss considerations, will harm the victims and the majority of the "innocent building using people ’interests to coordinate and reach a compromise. Therefore, we should proceed from the current legal provisions of our research legislative intent of the law, drawing on reasonable factors, complemented by China’s actual conditions, responsibility for such easily lead to conflicts of special tort cases, the responsibility principle and the burden of proof and other substantive issues to make clear and specific legal provisions, to solve some of the problems that occur during the trial from the perspective of judicial practice. It is possible to protect the victim’s loss effectively, make the gradual improvement of legislation and promote the harmony and stability of the society. |
