On The Liability Of Property Service Company In High-altitude Projectile Cases

High-altitude parabolic objects have become a very harmful "urban disease" and have extremely harmful.In order to effectively deal with the frequent damage caused by falling objects from height,Article 1254 of the Civil Code re-stipulates the liability of falling objects from height on the the basis of Article 87 of the Tort Liability Law.Among them,there is a substantial change is the provisions of the property service company in the high fall objects caused by damage to the liability.However,the deficiency is that this provision is more general in terms of the property service company’s obligation to ensure the safety of people caused by falling objects thrown from high altitude,so that the responsibility of the property service company is controversial and difficult to grasp in practical application.Therefore,the purpose of this paper is to solve the problems in the application of security obligations caused by falling objects at high altitudes,so that it can be correctly applied in practice and play to its adjudication guidance function in cases of damage caused by falling objects at high altitude.In order to solve this problem,this paper firstly takes the security obligation of property service companies in the case of throwing objects at high altitude as a starting point,and analyzes and combs its legislative purpose,normative composition and specific content.Secondly,four typical cases are analyzed to find the crux of the problem.Thirdly,the responsibility proportion of property management is determined by the way of property service management.The author believes that the judge should grasp it from the whole principle,and carefully consider and comprehensively weigh it through the standard of statutory obligation,agreed obligation,conjunctive obligation and specific performance.The last part is the conclusion and countermeasures.It focuses on the discussion on the compensation ratio of the property service company for violating the security obligation,and makes it clear that the property service company and the injurer should bear the responsibility corresponding to their respective fault level in a certain proportion.This paper discusses and analyzes the extent of the liability of the property service company in the case of high-altitude parabolic objects in four cases,and combines the proportional liability to make the relevant responsible persons bear reasonable responsibilities among the relevant responsible persons in the high-altitude parabolic cases,so as to not only enable the victims to obtain timely relief,but also play a due disciplinary and educational effect on the defendants,and finally realize the role of relief of the weak and poverty alleviation and appropriate deterrence.At the same time,it can make a small contribution to the elaboration of the future interpretation of Article1254 of the Civil Code of the People’s Republic of China.