Reflection And Improvement On The Rules Of The Liability For Damage Of People Caused By Unknown Tossed Or Falling Objects From High Building

Tort Liability Law Article 87 has not only been faced with theoretical challenges,but also constantly highlight the judicial difficulties with the implementation of the law,and failed to achieve the desired legislative purpose.Based on the judgment and execution status of high altitude falling accident,This paper elaborates the dilemma of Tort Liability Law Article 87 in the judicial application,reflects on its theoretical legitimacy,and puts forward suggestions to improve the legislation,in order to be helpful to the compilation of tort liability of the Civil Code.This paper excepted introduction is divided into four parts.The main content is as follows:The first part is to sort out different thinking and theories of Tort Liability Law,and the reason to promulgate it.Prior to its promulgation,the legislation never specifically provide for the allocation of liability for high altitude falling accident,so the legal basis and the results of decisions applied by local courts in dealing with such cases were not the same.Three models have formulated including all owners to bear the liability for compensation,the victim at his own loss,property service enterprises to bear the liability in general.Among the three types of treatment,legislators prefer the "Chongqing ashtray case" as the representative of the treatment model of sharing responsibility among all owners.Based on the purpose of relief to innocent victims,fair sharing of losses and prevention of damage,Tort Liability Law Article87 was formulated.Part Ⅱ summarize the dilemma faced by Tort Liability Law Article 87 in judicial practice.Through the empirical analysis of the adjudicative documents and the collection of follow-up news reports on the results of the execution of relevant cases,this paper concludes five difficulties including the determination the defendant,the time cost,the application of exemption,and the standard of compensation and the execution.And the law fails to achieve the intended purpose of providing relief to victims.Part Ⅲ reflection the legitimacy of Tort Liability Law Article 87.The judicial practice effect of Tort Liability Law Article 87 is not ideal,and the fundamental reasons lie in the lack of sufficient theoretical legitimacy at the time of legislation including the lack of imputation basis,fails to consider the tort liability law due to the preventive function,the limitations oftimes of legislative reasons,etc.The four part is the suggestion to perfect the legislation.because Tort Liability Law Article 87 in theory lack of legitimacy,in practice faced with many difficulties and failed to provide relief for the victim.This paper suggests that in the future legislation should delete the rules.It is suggested that in the current information age,it should be based on imputation basis of fault(Presumption)liability,through the stipulation direct infringe responsibility,the involved building management obligor’s supplementary responsibility and carries out the drop object liability compulsory insurance system,not only provides relief for the victim,but also prevents the damage.