建筑物抛掷物责任研究

以重庆“烟灰缸”案为代表的一系列建筑物抛掷物致人损害案件具有侵权人不明确的特征,无法适用共同危险行为理论、建筑物责任和公平责任原则,在我国现行法律中难以得到合法合理的解决。全国人大法工委起草的《民法典草案·侵权行为法草案》第56条的规定不尽合理,而依据公平原则确定相关人的民事补偿责任更有利于平衡当事人之间的利益。

Research On the Liability of Thrown Object From Buildings

A series of cases represented by "Chongqing ashtray" in which some person was injured by thrown object from a building have the essential characteristic that the infringe is unknown.The current civil norms such as common strict,the liability of building and the principle of equitable liability can not be used to solve these cases.Article 56 Draft on the civil code of the PRC torts made by legal council of standing committee of the National People's Congress is not perfect.The liability of civil remedy based on the principle of equitable liability is more likely to balance the interest between the victim and the relevant people.