Study On Liability For Damage Caused By Trees

The earliest appearance of the liability for damage caused by trees can be traced back to the Roman Law of the Twelve Tables.China has already established this responsibility system,and the latest Civil Code has further revised and improved it.As a special kind of liability for damage caused by objects,the liability for damage caused by trees is not only subject to the general principle of liability for damage caused by objects,but also has its special features.However,because the number of cases in judicial practice is far less than the cases of liability for damage caused by other objects,the liability for damage caused by trees is often ignored by the judicial and theoretical circles.Judging from the disputes over liability for damage caused by trees that occurred between 2019 and 2021,there are some problems in judicial practice.For example,the concepts of liability for damage caused by trees are vague,the criteria for determining defenses are different,the division of responsibility between the parties is confusing,and some judgments do not fully understand the principle of presumption of fault.These issues have a certain corresponding relationship with the disputes over the location and scope of the trees causing the damage,the form of damage,the principle of attribution and the reasons for defense in the theory of liability for damage caused by trees.However,there are not many relevant works discussing the liability for damage caused by objects in my country.There are even rarer treatises on liability for damage caused by forests.The lack of theoretical research fails to provide a theoretical basis for solving the problems existing in judicial practice,resulting in the failure to fully protect the legitimate interests of all parties.In order to improve the liability system for damage caused by trees,its connotation and nature should be clarified first.Through the analysis of various elements in the liability for damage caused by trees,it can be seen that the harmful forest trees in this liability include all trees in public and non-public places.Inside.Its application of the principle of presumption of fault is an inevitable choice to fairly safeguard the interests of the victim and the actual controller of the forest.The defense is not necessary to prove the existence of force majeure,the fault of the victim or the fault of a third party,and failure to fulfill the reasonable duty of management and protection is the reality of the forest.The root cause for the controller to bear the consequences of forest damage.Moreover,the liability for damage caused by trees is not truly joint and several liability,and there is no joint responsibility between the owners and managers of forest trees.Secondly,it is necessary to determine the scope of management and protection of the forest by the actual controller of the forest.For legal entrants,the actual controller of the forest tree has the obligation of control,inspection,warning and rescue.In general,the actual controller of the forest tree is not responsible for the damage suffered by the adult trespasser who enters illegally.At the same time,it is necessary to identify the influencing factors of the actual controller of the forest tree,including the predictability of the risk of damage to the forest,the possibility of risk control,the cost of preventing and controlling the risk,the amount of business profit or the size of the business scale and entry the factor of the author itself.In addition,public liability insurance can be promoted in areas where forest damage cases are frequent,and a diversified relief system centered on damage compensation can be established to better protect the interests of all parties involved in forest damage liability.