A Study On The Application Of The "Indeterminate Liability" Rule For High-altitude Projectiles

Aerial projectiles built in buildings are dangerous incidents that endanger public safety,and in recent years have shown a trend of increasing year by year,and have become a frequent tort that plagues the public and poses a security threat to an unspecified number of people.However,the case of high-altitude projectiles in buildings is very special,and because the actual direct infringers are not easy or impossible to identify,the infringement of high-altitude projectiles cannot be treated as a general ordinary infringement.Therefore,the independent study of the infringement of high-altitude projectiles has a legal basis in itself.The research focus of this paper is that when the perpetrator is uncertain,the civil legal liability of the perpetrator is uncertain,that is,the special principle of attribution in the high-altitude projectile case and the form of responsibility of the relevant responsible subject.Based on the theoretical basis of the rule of uncertain perpetrator liability,combined with the judicial application of the "uncertain perpetrator liability" rule of high-altitude projectiles in the Civil Code,the reasonableness of the current high-altitude parabolic uncertainty perpetrator liability rule and the application limitations of this rule are analyzed.In view of the existing problems,explore the practical principle of attribution,clarify the responsible subjects and the forms of responsibility between different subjects in cases where the perpetrator is uncertain,and put forward suggestions for improving the application of the "uncertain perpetrator liability" rule for high-altitude projectiles.On the basis of the legal system of high-altitude projectiles,fairness and justice should be achieved to the greatest extent possible,so as to protect victims fairly and reasonably in high-altitude projectile cases,and at the same time effectively protect the reasonable interests of relevant responsible persons.Let the judicial organs try their best to calm the complex social contradictions and public opinion backlash caused by such cases when such cases are concluded.The whole text is divided into five parts for argumentation.The first chapter clarifies the theoretical basis of the "uncertain perpetrator responsibility" rule,and seeks an overall value orientation for the study of high-altitude projectiles.Chapter II,through the latest adjudication documents,the current status of application of the rule of "uncertainty about the liability of the perpetrator" is discovered.In the third chapter,on the basis of the above research,it provides an in-depth analysis of the limitations of the "uncertainty of the liability of the perpetrator" rule itself.Chapter IV puts forward some reflective suggestions for improving the judicial application of the "uncertain perpetrator liability" rule.On the basis of the existing compensation liability,we try to explore the path of socialized relief for the infringement of high-altitude projectiles.