论高空抛物致人损害责任的承担

发布时间：2018-07-16 18:53

【摘要】：近些年,高空抛物案件逐渐增多。在《侵权责任法》出台前,没有法律对此进行明确统一的规定,法学理论界的看法不尽一致,司法实务界的判决也大相径庭。《侵权责任法》出台后,其第87条带着填补受害人的损失、实现社会公平正义、维护公共安全、实现加害预防等使命横空出世。本以为,从此可以定分止争,从根本上解决高空抛物侵权案件责任承担问题。不曾想,在法学理论界却引发了更加激烈的争议,在司法实务中也面临着受害人不满足、可能加害人不认可、立法目的不能实现等困难。在这样的背景下,本文以司法实践中的典型案例作为切入点,引出争议的问题,通过对《侵权责任法》第87条高空抛物侵权责任进行理论分析,对国内外相关法律规定进行比较分析,指出其在法学理论、司法实践和社会效果等方面存在诸多不足,尝试提出我国高空抛物侵权责任承担的设计构想,力争更为合理地解决高空抛物侵权责任承担问题。
[Abstract]:In recent years, parabolic cases at high altitude have gradually increased. Before the introduction of the Tort liability Law, there were no clear and unified provisions in the law, the views of the legal theorists were not consistent, and the judgments of the judicial practice were also quite different. After the Tort liability Law was promulgated, Article 87 has the mission of filling the victim's loss, realizing social justice, maintaining public security and realizing harm prevention. Originally thought, from now on can decide the division to stop the dispute, from the root solution high-altitude parabolic tort case liability assumes the question. However, in the field of legal theory, it has caused more fierce disputes, and in the judicial practice, it also faces difficulties such as the discontentment of the victims, the possible disapproval of the perpetrators, the failure to realize the legislative purposes, and so on. Under this background, this article takes the typical cases in the judicial practice as the breakthrough point, leads to the disputed question, through carries on the theoretical analysis to the 87 article high altitude parabolic tort liability of the Tort liability Law. This paper makes a comparative analysis of the relevant laws and regulations at home and abroad, points out that there are many deficiencies in its legal theory, judicial practice and social effects, and attempts to put forward the design concept of the liability of parabolic tort in high altitude in our country. Strive for a more reasonable solution to the problem of high-altitude parabolic tort liability.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923

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