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随着我国城市化进程的加快,越来越多的高楼大厦拔地而起,高空抛掷物伤人事件屡见报端,司法实践中有时很难确定谁是真正的侵权人,此时如何确定赔偿责任承担主体,是解决此类案件的关键问题。本文从加害人不明时业主作为赔偿责任主体是否合理、责任承担形态等角度进行分析,提出在加害人不明时由业主承担按份责任有助于对受害人的救济,从而预防损害后果,符合现代侵权法发展趋势,有利于实现法的公平正义。
With the acceleration of the process of urbanization in our country, more and more high-rise buildings are rising up and frequent incidents of throwing objects at high altitude are frequently reported. Judicial practice is sometimes difficult to determine who is the real infringer, and how to determine compensation at this time The main body of responsibility is the key issue for solving such cases. This article analyzes whether the owner is reasonable as the subject of liability for compensation when the perpetrator is unknown, and proposes that the owner should take the responsibility according to the share to help the victim when the perpetrator is unknown, so as to prevent the consequence of damage and conform to the modern The development trend of tort law is conducive to the realization of fair and just law.