高层建筑不明抛掷物致人损害的民事责任-研究——兼评《侵权责任法》第87条.pdfVIP

重庆大学硕士学位论文 英文摘要 ABSTRACT With the development of science, the progress of the society, the population density is become bigger and bigger, high buildings become the mainstream of modern society construction. With high buildings become a reality, tossed object from high building also common occurrence, among them, damage caused by unknown tossed object from high building , because of its unknown infringement subjects, the victim in this case is difficulty in proof, therefore, the social impact in such cases judgment is not very good. So, research for the damage caused by unknown tossed object from high building has important theoretical significance and practical significance. Fortunately, in July 1, 2010, the tort law has taken effect officially, among them the article 87 stipulates the responsibility clearly about the damage caused by unknown tossed object from high building, made the similar cases has a legal basis. But, with the tort law has taken effect, the law experts and scholars also launched a big discussion about the tort law’s 87th. In the article, the author proposed by the case “Shenzhen haolaiju”Which leads to the damage caused by unknown tossed object from high building cases for further study, and analysis the tort law’s 87th with The focus in the case. Carry forward the advantages, consummate the shortage. Put forward the proposal to the Theoretical research and the application of law, hoping this can help to solve the similar cases later. This paper consists of five parts: The first part: with an overview of the case “Shenzhen haolaiju”, analysis the two focuses in the case: the choice of imputation principle and responsibility main