论高楼抛掷物伤人的连带责任——结合贝勒斯的侵权法的目的解读

Accountability of the Wounding by Things Thrown from High Buildings:Analysis with the Purposes of the Tort Law from Michael D. Bayles

目前关于高楼抛掷物伤人的责任承担问题争论不休,本文结合贝勒斯提出的侵权法的补偿、惩罚与预防的三个目的来观察高楼抛掷物伤人的连带责任,看这连带责任实现了其中的哪些目的,并对连带责任的合理性进行论证,也通过对连带责任实现某些目的分析,发现如何才能调整连带责任的内部分配从而更利于相应目的的实现,希望以上分析对今后对高楼抛掷物伤人的连带责任的立法有所启示。

Accountability of the wounding by things thrown from high buildings is currently on the point, this essay is to analysis the associated responsihilities in it with the purposes of the tort law from Michael D. Bayles, including compensation, punishment and prevention. Firstly to see which purpose is included in the responsibility and analysis whether it is proper or not. Secondly, to find a way in which the purpose of the respensihility can be achieved better. In a word, it is hoped that the analysis can be helpful for the legislation of the accountability of the wounding by things thrown from high buildings in the future.