城市高空抛物行为的本质与权利救济

The Nature of Throwing Objects from High Building in Urban Areas and Its Rights Relief

随着《侵权责任法》的颁布和即将实施,对高空抛物致人损害行为的民事赔偿责任,各地人民法院在审理具体案件时有了统一的法律依据。要有效遏制该类行为,救济受害人的合法权益,不应忽视高空抛物行为的本质属性。应探究刑事法律规范的应有途径,督促法定机关履行职责,从而明晰法律责任,反思相应的权利救济渠道。

As the Tort Law of the People＇s Republic of China has been promulgated and shall come into force,the court in different areas will have the same judge against such liability and right remedy of throwing objects from high building,for the issue which has been disputed in legal theorists and judiciaries.The paper is to consider that this behavior actually belongs to a criminal act,legal theorists ought to pay much attention to criminal law to find out appropriate access to rights remedy,not only to civil law,especially in tort field.