Research On The Theory And Practice Of High Altitude Parabolic Tort

High altitude throwing is generally regarded as an accident,and the victim can only admit bad luck.However,in the 21 st century,there are more and more cases of high altitude throwing,which has posed a serious threat to citizens.This threat not only seriously affects the actual interests of victims,but also undermines social security.Among them,the core of the problem is,if the perpetrator is not clear,how to safeguard the legitimate rights and interests of the victim and thus safeguard social security? Article 87 of the tort liability law gives a brief answer to this question and initially puts forward the idea that the possible perpetrator should bear responsibility,which protects the rights and interests of the victims as a whole.The subsequent codification of the code did not break through this core concept.However,the controversy did not stop because of the provisions of Article 87 of the tort liability law.Until the promulgation of the civil code,the academic community reached a basic consensus on the responsibility of the perpetrator.However,in practice,the rights and interests of victims in high-altitude parabolic infringement cases are still difficult to be fully realized.The regulation of high-altitude parabolic behavior still needs to be improved in theory and practice.At the theoretical level,as for whether the rights and interests of victims should be actively protected,one view holds that the rights and interests of victims and possible perpetrators should be protected from the individual thinking of civil law;Another view is that we should start from the collective thinking of civil law and protect the social interests by giving priority to the protection of victims,in order to achieve the balance of the overall legal interests.At the practical level,there are still some unfinished points to be supplemented,mainly covering the fields of judicial practice,social governance,national security and so on.To improve the rights and interests of victims,we need to take comprehensive measures from multiple angles,from theory to practice,so as to protect victims and safeguard social interests.This paper is divided into four parts.The first part is the introduction,which summarizes the research background,research purpose,research significance,research methods,research conditions and research review at home and abroad.The second part,as a summary of the problems,lists and summarizes the problems in practice from the perspectives of the application of the law,the compensation responsibility of the possible perpetrator,the burden of proof of the victim,the execution of the judgment,property management,public security responsibilities and diversified security.The third part,as a theoretical part,puts forward the argument of the article focusing on protection theory from the social reality,and discusses the rationality of focusing on protection theory from the four perspectives of civil law development,current provisions,legal structure and social conditions.The fourth part,as a practical part,lists suggestions for improvement based on the protection theory put forward in the previous chapter.The improvement suggestions cover three aspects: judicial practice,social governance and national security,and put forward the author’s own interpretation in combination with other laws and regulations.