Research On Tort Liability Of Property Manager In High-Altitude Parabolic

With the continuous development and progress of society,high-altitude parabolic incidents often occur,affecting social harmony and stability.High-altitude throwing not only involves moral issues,but also a legal issue.At a time when the Civil Code has just come into effect,how to correctly understand legal provisions and apply them to specific judicial practice is a problem that every legal worker is committed to study.At the same time,it is also a problem for the author to study in writing this article.Article 1254 of the Civil Code,which is currently in force in China,stipulates the tort liability of property managers in high-altitude parabolic objects.The relevant judicial interpretation has not yet been issued,and there may be different understandings about the application of the provisions.When reviewing the current legislation in combination with the judgment of practical cases,the author found that there are certain disputes and inoperable problems in the practical circles when the infringement of property managers is involved in the case of high-altitude parabolic objects.What is controversial is what kind of imputation principle can be applied to identify the tort liability of property managers in high-altitude parabolic objects,and which theory is adopted.the scope of the security obligations of property managers’ tort liability in high-altitude parabolic objects can be more clearly identified,these two issues are the focus of the author’s discussion.First of all,this paper reviews the determination of tort liability of property managers in high-altitude parabolic objects through theoretical analysis and cases.the first problem is the principle of imputation,as far as the principle of imputation is concerned,at present,there are mainly fault liability principle,fault presumption liability principle and no-fault liability principle.The point of view of this paper is that the imputation principle of fault presumption should be applied to the tort liability principle of property managers in high-altitude parabolic objects.The main reason is that it is most appropriate to apply the imputation principle of fault liability from the aspects of social fairness,the difficulty of proof and the pursuit of the spirit of civil law.Secondly,the second problem analyzed in this paper is the source of tort liability of property managers in high-altitude parabolic objects,that is,what kind of theory should be adopted for security obligations.There are five main theories,which are the judicial interpretation of personal injury compensation,Professor Wang Liming,Professor Zhang Xinbao,Professor Liang Huixing,Professor Yang Lixin and so on.The author partly agrees with Professor Zhang Xinbao’s point of view.Only agree with part of the point of view because his point of view is not clear in the high-altitude parabolic property managers tort liability of the scope of security obligations,should add a reasonable limit of the duty of care,so it is more clear.Finally,through the evaluation of the theoretical disputes in the theoretical circle and the analysis of the judicial practice in the practical circle,this paper puts forward the author’s shallow suggestions,that is,to perfect the existing legislation through judicial interpretation and supplement the shortcomings and omissions of the existing legislation through instructive cases.the aim is to improve the judicial practice maneuverability of tort liability of property managers in high-altitude parcels,increase the credibility of the law,and improve people’s belief in the law.