论文部分内容阅读
高空抛物侵权责任,也被称为抛掷物致害责任,是指从建筑物中投掷物品致人损害的行为应当承担的民事责任。《侵权责任法》第87条规定:“从建筑物中抛掷物品或者从建筑物上坠落的物品造成他人损害,难以确定具体侵权人的,除能够证明自己不是侵权人的外,由可能加害的建筑物使用人给予补偿。”有些学者对此提出了尖锐的批评。关于高空抛物侵权的责任承担问题,社会各界包括权威专家的观点争议颇大。本文提出如下几个问题:行为人不明的高空抛物案件到底是人的行为侵权,还是物件致人损害?它所适用的归责原则与其他
Liability for parabolic high-altitude tort liability, also known as liability for damage caused by throwing objects, refers to the civil liability that should be borne by persons who cause damage to objects thrown from the building. Article 87 of the Tort Liability Act stipulates: “Throwing objects from buildings or objects falling from buildings causes damage to others and it is difficult to identify a specific infringer. In addition to being able to prove that it is not an infringer, Of the building users to give compensation. ”Some scholars have pointedly criticized this. On the issue of liability for parabolic high-altitude infringement, the opinions of all sectors of society including the authoritative experts are quite controversial. This article raises the following questions: Are the high-altitude parabolic cases with unknown perpetrators infringed by human behavior or are the objects causing damage to people? The principle of imputation to which it applies and other