Research On Damage Tort Caused By Parabolic Problem At High Altitude

With the rapid development of society,urban land is becoming less and less,and the space between ground and tall buildings has become an unregulated place.From the original "Caiban case " to more and more appalling cases of parabolic death at high altitude for more than 20 years,it shows that parabolic at high altitude will become more and more important in the future.There are still many difficult contradictions in the application and selection of the imputation principle,the determination of the subject of responsibility,and the distribution of responsibility.With the promulgation of the Civil Code,there is a unified standard for the application of parabolic objects at high altitude.However,the problem of parabolic objects at high altitude has not been solved,and the contradiction between the victim and the user of the potentially harmful building still exists.This paper is mainly divided into four chapters,the following four chapters are briefly summarized.The first chapter is the case introduction and the summary of the dispute focus.In this chapter,the author starts with the typical case in judicial practice : " Shenzhen Haolaiju case ",through this case,the court according to the current law at that time,and the final first instance of the second instance of a very different judgment.Through the comparative analysis of the two trial and the current Civil Code,the problems existing in the judicial practice of parabolic cases at high altitude are derived,and then the deep analysis is carried out.The second chapter is the imputation principle of high altitude parabolic damage tort.This chapter mainly analyzes the principle of imputation in the trial of this specific case.In the absence of uniform provisions and standards,the principle of imputation applied by the court in the second instance is also different.Therefore,it is necessary to generalize and analyze the principles applicable to parabolic objects at high altitude in order to obtain better results.The third chapter is the subject of liability for high altitude parabolic damage tort.This chapter summarizes the specific disputes within the scope of the subject of responsibility through the changes in the choice of the subject of responsibility in the second instance,that is,the legality of the inclusion of the "potentially injurious building user" in the subject of responsibility.The final choice of the subject is further discussed and analyzed.The fourth chapter is the allocation of liability for high altitude parabolic damage tort.In this chapter,whether the inversion of the burden of proof violates their own rights in the distribution of the burden of proof,allowing potential building users to prove that there is no infringement of their own.Whether and the spirit of the principle of fairness contrary to several different views to sum up and summarize.