建筑物不明抛掷物侵权问题研究——兼评《侵权责任法》第八十七条.docx

Abst ract
With the accelerated process of modernization,urban high·rise buildings have
increased -rise buildings,and hazard of throwing behavior is ing a serious social problem,thus creating public munity streets more and more ,because ofmodem society to distinguish between high
buildings all the state and can not determine ownership in accordance witll a single real violations of people can not bear the direct infringement of one owner presumption of responsibility,which makes the identification of such violations is the responsibility difficulL difficult to protect the legitimate fights and interests of violations of unknown obj ects thrown into the academic difficulties must be resolved.
Based on the definition of the unknown throwing things building infringement on the basis of the concept and characteristics of buildings,analyses the unidentified throwing things tort laws nature and the dements of paper analyses
the outbreak is building the unknown things tort liability subj ect,the principle of
accountability,causal relationships,defenses and ways of responsibility,in-depth analysis of unknown building casting obj ects tort liability system of education the process of writing this article,’’The People’S Republic of China Tort
Liability Act”in December 26,2009 examined and approved,Chapter XII 87th stipulates the building of unknown object thrown tort liability,consistent witll the
theoretical framework of this article,confirms this from the side topics and reasonable solution,SO this last,”Tort Liability Act,”the 87th Article simple assessment, proposed a number of practical mendations on the operational level.
Keywords:unknown throwing object the special tort behavior the accountability the 87th article of((The Tort Liability Law))
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