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A Study on Compensation and Prevention to the Damage of Thrown Object

Author: HuZuo
Tutor: JiaDengXun
School: Lanzhou University
Course: Law
Keywords: thrown object from building damage compensation damage prevention
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


With the development of city, high buildings are more than before, personal injury by thrown objects from buildings also increase, and there is no related legislation to this kind of injury in our country before.So the courts judgement to this kind of cases are different. With publish of tort liability law, such kind of cases will have a definite legal basis in the future. Although tortious liability of personal injury by thrown objects have a clear legal basis, but in judicial practice, the effective compensation to victim still need to be improved, so this thesis analysis on how to improve the damage compensation for victims. And such behaviors are potential threat to social security, we can’t always wait until damage occurred, but we should prevent them and reduce loss, so the thesis also discusses how to prevent the accident that caused by unkown thrown object.This thesis is divided into five partsThe first chapter make a brief introduction of chopping board injury case happened in Jinan,and compare this case with another similar case that the court make sentence,so find the disputed problems of this kind cases.Through the analysis of this disputed problems, found the problems of tort liability law in legislation and judicial practice.The second chapter analysis the features of personal injury by unkown thrown objects case buildings building the case cause person damage for the characteristics of the case analysis of tort liability law in relief the victim, law and the suitable aspect. deficiency.The third chapter,according to the deficiency of tort liability law in compensation, find more approaches, such as liability insurance, social security and property liability, and take legal economic analysis and other methods to analyse the characteristics of each relief approaches, the feasibility and defect on the detailed research, this chapter is the focus of this thesis.The fourth chapter,through comparing with various ways of compensation, the comparatively perfect measures of victim compensation is taking multiple ways to remedy the victim.The fifth chapter,according to the features of thrown object injury accident, the thesis put forward the prevention measures in such accident.

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