浅析高空抛物侵权责任

Analysis on the Tort Liability of Throwing Objects from the Building

随着经济的发展和人民生活水平的提高,越来越多的高楼大厦拔地而起,这在改善人们居住环境的同时也引发了高空抛物侵权案件的频发。我国学术界一直在探索、研究此类侵权案件,《侵权责任法》的出台,为社会公众在此方面的困惑和争论指明了方向,但我国目前对此问题的立法仍然有一些缺陷与不足。通过系统地研究与分析,提出相应的立法完善建议,希望能为我国高空抛物侵权行为的立法及司法实践有所裨益。

With national economic and the people~ ings have been built. People~ living conditions were living standards development, more and more high -rise build- greatly improved , however the high -rise buildings also cause some problems like the frequency of tort cases of throwing objects from the building. The academic circles of our country have been exploring and studying on the theory of tort cases, also on its own. 〈 Tort Law 〉, published by the authority, could resolve confusions and debates in time. But Chinag current legislation on this issues have de- fects and shortages as well. In this paper, through systematic research and analysis on the existing legislation sta- tus, the author brings up several legislative suggestions to improve it, h the legislation and judicial practice about throwing objects tort from the opl bui ng it can be used as good reference for lding in China.