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Analysis about Throw Objects Liability

Author: ZouLei
Tutor: ZhangChi
School: East China University of Political Science
Course: Legal
Keywords: throw objects liability fair compensation
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 90
Quote: 0
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Abstract

It is known that the China Tort Liability Law has been effective since 1.July 2010, throw objects liability has been noticed by most of legal experts. Though this liability has been drafted at the article 87 of the law mentioned above, legal experts sharply argue on it. This paper discusses throw objects liability in the field of theory and practical. The paper consists of two parts.First part describes the position of the throw objects liability. Comparing with the related codified laws from roman times till now among the different countries, no one share the same rule with it. Contradictory judicial judgments in the similar throw objects liability cases, hot arguments between legal experts, theses phenomenon are all the evidences to challenge the existence of it. Throw objects liability, not sharing the same rule with an ordinary tort liability, are different from equitable liability, strict liability, object damage liability. It looks no better than a special compensation, relieving the victims, ruled by a certain law.Second part describes the practical way to claim throw objects liability according to the article 87 in tort liability law. To the victims, they should cautiously select defendant. On the other way, how to calculate the compensation and how the compensation should be distributed are worth discussing.No matter how many troubles caused by throw objects liability, it is clear that they will be solved one after the another.

Analysis about Throw Objects Liability

Abstract

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