| With the continuous rise of high-rise buildings in cities in my country,high-altitude parabolic infringement cases are also increasing.Before 2010,judicial practices dealt with high-altitude parabolic infringements in different ways,resulting in different judgments in the same case,which seriously affected judicial authority.In 2010,Article87 of my country’s Tort Liability Law officially stipulated the tort liability of high-altitude parabolic tolls,so that the judicial system has a unified legal basis and guidelines.Although the social and academic circles still have disputes on the subject of responsibility and the scope of responsibility for this legislative content,they cannot deny its inherent system value and social significance.At present,Article 1030 of the "Three Review Draft" of the "Infringement Liability Compilation(Draft)" of the Civil Code improves the tort liability of high-altitude parabolic objects.On the whole,the content of the legislation is more reasonable than before and the protection of the victims is more Comprehensive,but its new content also brings academic controversy and needs further improvement.This article will examine the system of Article 87 of the Tort Liability Law,analyze the rationality behind it,and reveal the shortcomings of the current legislation,combined with the current Article 1030 of the "Civil Code Tort Liability(Draft)" Content,to explore the future perfect path for the compilation of the Civil Code of our country to tort liability for parabolic infringement.This article is divided into four parts: The first part focuses on defining the tort liability of high-altitude parabolic torts,clarifying the concept,characteristics and constituent elements of tortuous liability of high-altitude parachutes,analyzing its particularity through the analysis of related tort liability,and comprehensively grasp the Connotation.The second part examines our country’s high-altitude parabolic tort liability system,clarifies the liability subject,liability principle,liability form,etc.of the current Article 87 of the Tort Liability Law,and reveals its potential institutional value.At the same time,through the analysis of the new content of Article 1030 of the "Civil Code Tort Liability(Draft)" in five aspects,to explore its progress and value.The third part focuses on clarifying the specific problems of Article 87 of the Tort LiabilityLaw and Article 1030 of the "Civil Code Tort Liability(Draft)",such as the scope of compensation is unclear,the relevant authorities are not clear,etc.,To guide the direction of the perfect approach of the high-altitude parabolic tort liability system.The fourth part focuses on the improvement of the existing high-altitude parabolic tort liability system. |
