Research On The Investigation Power Of Public Security Organs In Infringement Cases Of Falling Objects

With the rapid development of society,high-rise buildings rise in the city,and the attendant safety problems appear in the public’s vision.In recent years,falling object cases have become more and more harmful,and the public opinion has paid more and more attention.Strengthening the research of falling object infringement cases and the improvement of relevant supporting laws and regulations has extremely important significance and value for the occurrence frequency of cases and the people’s legal satisfaction.The occurrence time of falling object infringement cases is very short,and the location of the crime is very hidden.At the same time,at this stage,the distribution of monitoring equipment in various residential areas in China is uneven,coupled with the influence of factors such as light and weather,the probability of finding a specific infringer only by relying on the relevant evidence of the case obtained by the subject of civil legal relations is very small,This undoubtedly caused great investigation pressure to the infringed subject.With the promotion of practice,the handling of High-altitude Falling Object infringement cases varies from the handling in the general principles of civil law to the emergence of compensation liability in the tort liability law,and then to the relatively complete normative system in the civil code.As a public power organ,the provisions of the public security organ on the investigation power of such cases undoubtedly provide a strong guarantee for the settlement of cases.Specifically,the intervention of the investigation power of relevant organs（mainly public security organs）in the civil code provides convenience for the settlement of cases and better solves the problems of difficult investigation and claim of victims.However,because the public security organ is a typical public power organ and the civil code is a typical private right norm,whether it is reasonable to add the relevant provisions of the public power organ to the private right norm has aroused discussion in the academic circles.In response to this problem,different scholars have expressed their views one after another.Some scholars believe that the provision is unreasonable,violates the dualism of public and private law,and leads to the confusion of the legal system;However,more scholars believe that the provision is reasonable and not inappropriate.The author believes that the dual theory of public and private law is not that there is no communication and dialogue between public law and private law.On the contrary,the communication and integration of public law and private law is the development trend of the times.In the case of infringement of falling objects,the provision of the investigation power of the public security organ not only does not confuse the concept of public and private law,but also realizes the good situation of "public and private interests".At the same time,as a public power organ,one of its main functions is to maintain social harmony and stability.Therefore,the investigation power is not a new power beyond its own power,but an extension of its original auxiliary obligations.There is no ultra vires in the provisions.Of course,the right of investigation of public security organs in the civil code is not omnipotent,nor can it solve all civil disputes without limitation.The right of investigation has the characteristics of assistance,legality and procedure,and belongs to the special right of civil tort investigation.In addition to the civil dispute of falling object infringement,we can not actively intervene in the handling of civil cases,so as to avoid the phenomenon of excessive interference of public power in private rights.Moreover,the investigation results of the public security organ can not be used as the basis for the substantive confirmation of rights in the case.At best,they are only the evidence in the case.The handling of infringement cases should be decided by the court.