On The Relief System Of Falling Object Damage

Cases of throwing objects from high altitude appear frequently in China,and the occurrence of such incidents has brought great damage to people’s life safety.The relief problem of victims often becomes the focus of cases,which has attracted the close attention of the whole society.Article 87 of the Tort Liability Law specifically stipulates the relief method for victims of throwing objects from high altitude,but it is controversial in specific judicial practice,and the actual effect is not ideal."Whoever may harm" repeatedly delays or even refuses to perform the judgment,and the judgment basis of such cases is also questioned.In order to make up the victims ’losses effectively,Article 1254 of the Civil Code further improves on the basis of inheriting Article 87 of the original Tort Liability Law and strengthens the protection of the victims’ relief rights.However,there are still difficulties in the effective relief of the victims in judicial practice.Based on this,based on the high parabolic damage relief system,combined with the practice case,for not specified "may harm" compensation liability,damage relief and timely,full and effective compensation is difficult to achieve,the insufficiency of the existing law,explore diversified way of relief,to protect the legitimate rights and interests of the victims,promote the realization of social fairness and justice.