对《侵权责任法》中关于高空抛掷之规定的几点思考

Considerations on the Regulations of High Altitude Throwing in Tort Liability Law

在城市化进程不断加快的今天,高空抛掷物致人损害的事件时有发生,虽然《侵权责任法》第87条对于高空抛掷行为进行了专门规定,但该条规定无论是在理论层面上,还是在司法实践层面上都存在着一些不足。笔者由该条规定产生了一些思考,并对该条规定的利弊进行了简单的剖析,提出了自己的几点建议。

With the acceleration of urbanization process at present, it happened very often that high alti- tude throwers do harm to people. Although there is certain regulation about high altitude throwing in the article 87 of Tort Liability Law, this regulation has some deficiencies whether at the level of theory or at the level of judicial practice. Therefore,the author has given some careful consideration to this regulation, and analyzes the disadvantages and advantages of this role. Then some suggestions are put forward so as to prevent high altitude throwing from happening.