What is the difference between a falling object and a projectile from a high altitude, and what is t

Article 85: Where buildings, structures, or other facilities, as well as their shelving or hanging objects, fall off or fall, causing harm to others, and the owner, manager, or user cannot prove that they are not at fault, they shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Article 86: Where the collapse of buildings, structures, or other facilities causes damage to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit or construction unit makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons. Where a building, structure or other facility collapses due to reasons attributable to other responsible persons, causing damage to others, the other responsible persons shall bear tort liability.

Article 87: Where objects thrown from a building or objects falling from a building cause harm to others, and it is difficult to determine the specific infringer, the building user who may have caused the harm is to give compensation unless they can prove that they are not the infringer.

Falling objects are not aware of people, and no one knows or can not control them when they fall. It is often old building attachments, etc. The throwing object is deliberately done by the perpetrator and is controlled, or it can prevent the occurrence of dangerous results.

The significance of the distinction between throwing and falling objects is the severity of the liability when considering liability.

The biggest difference between a high-altitude thrown object and a falling object is that in a falling object case, the relevant party who cannot prove that he does not have a tortious act bears the liability for compensation. In the case of throwing objects, the relevant party who cannot prove that he has not committed the infringement bears the liability for compensation.

As a result, there is a wide variation in the magnitude and amount of liability.

Falling objects from high altitudes emphasize a falling word, which is not artificial, such as clothes poles and flower pots falling down and hitting people; And high-altitude throwing emphasizes a throwing word, which is artificial, such as walking with an ashtray falling from the sky. The former is the presumption of fault liability, which can be exempted if it can be proved that it is not at fault; In addition to proving that the latter is not the infringer, the person who may have caused the harm shall give compensation. I don't know if I understand this?

1. Different subjectivity:

1. Accurately identify the crime of throwing objects from high altitudes. For acts of throwing objects from high altitudes, factors such as the perpetrator's motive, the place where the object was thrown, the circumstances of the throwing object, and the consequences caused, shall be comprehensively considered to the degree of social harm of the conduct, the nature of the conduct shall be accurately judged, the charges shall be correctly applied, and the punishment shall be accurately determined.

2. Accurately identify the crime of falling objects from high altitudes. Negligence causes objects to fall from a height, resulting in death or serious injury. In violation of relevant safety management regulations in production and operation, falling objects from a height, major accidents or other serious consequences occur.

2. Different legal responsibilities:

Where a building and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he or she is not at fault, the provisions of Article 85 of the Tort Liability Law shall be applied and the tort liability shall be ruled in accordance with law; Where there are other responsible persons, and the owners, managers, or users claim the right of recovery from the other responsible persons after making compensation, the people's courts shall support it. Where objects thrown from a building cause damage to others, the direct infringer shall be ascertained as far as possible, and a judgment shall be made in accordance with law that they bear tort liability.

3. The severity of punishment is different:

Severely punish the crime of throwing objects from high altitudes in accordance with law. In any of the following circumstances, a heavier punishment shall be given, and a suspended sentence must not be applied: where it is carried out multiple times; where implementation continues after being dissuaded; Having received a criminal punishment or administrative punishment and then committing it; Implemented in crowded places; Other situations where the circumstances are serious.

Yesterday on the construction site, someone threw something in the air but didn't hurt anyone.

The legal provisions related to the act of throwing objects from heights clearly determine the attribution of specific liability, and the subject of responsibility for objects thrown from high-altitude objects is the user of the building, and if an object thrown from a building or an object falling from a building causes damage to others, and it is difficult to determine the specific infringer, unless it can be proved that he is not the infringer, the user of the building who may have caused the harm shall give compensation. The main body responsible for the damage caused by throwing objects or falling objects from high-rise buildings: the user of the building that may cause harm (the presumed perpetrator).

1. The main body of responsibility is the user of the building: refers to the actual user of the building (building owner, tenant, borrower, and other people who use the building) at the time of the infringement;

2. The responsible entity is the user of the building who may cause harm;

3. The subject of responsibility is the user of the building who cannot adduce evidence to exclude himself as the infringer.

Relevant Laws. Article 1254 of the Civil Code of the People's Republic of China.

It is forbidden to throw objects from the building. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

Article 1240.

Where a person engages in high-altitude, high-pressure, or underground excavation activities or uses high-speed rail transportation vehicles to cause damage to others, the operator shall bear tort liability; However, if it can be proved that the damage was caused intentionally or by force majeure of the victim, no liability shall be imposed. Where the infringed party is grossly negligent in the occurrence of the damage, the responsibility of the proprietor may be reduced.

1. Can the person responsible for injuring people from a falling object from a high-rise building be exempted from liability?

Reasons for exemption from liability for damage caused by throwing objects and falling objects from high-rise buildings:

1. Be able to prove that he is not the perpetrator and exempt from liability;

2. If the specific infringer can be determined, others shall be exempted from liability.

In cases of damage caused by throwing objects, the party who may be the perpetrator needs to prove the following matters to be exempt from liability:

1) You are not in the building at the time of the damage;

2) prove that he is not in possession of the thing that caused the damage;

3) Prove that the position in which you are located objectively does not have the possibility of causing damage to people caused by the throwing object.

Injuries caused by falling objects in high-rise buildings are mainly caused by objects thrown and fallen in high-rise buildings: objects thrown from buildings cause damage to others; Falling objects from buildings cause damage to others.

The difference between the crime of throwing objects from heights and falling objects from heights is that the objects thrown from heights are intentional, and the falling objects from heights may be caused by other factors other than man-made people.

Criminal Law of the People's Republic of China

Article 291-2 [Crime of Throwing Objects from a High Altitude] Anyone who throws objects from a building or other high altitude, where the circumstances are serious, is to be sentenced to up to one year imprisonment, short-term detention or controlled release, and/or a fine.

Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.

1. What are the conditions for filing a lawsuit in a dispute over damages for the infringement of high-altitude projectiles?

Civil Procedure Law of the People's Republic of China

Article 119:Requirements for prosecution.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

2. How to write a civil complaint attached to the criminal case of the crime of throwing objects from a height?

1. The first part shall indicate:

1) The name of the document, i.e., "Civil Complaint Attached to Criminal Case";

2) The name, gender, date of birth, ethnicity, place of birth, education level, occupation or work unit, position, and address of the plaintiff in the attached civil lawsuit or the defendant in the attached civil lawsuit.

2. The text should be indicated:

1) litigation claims;

2) facts and reasons;

3) Evidence to prove the loss, etc.

Litigation demands shall clearly indicate the items and specific amounts of compensation requested for the defendant in the attached civil litigation. The facts shall clearly state the circumstances of the actual economic losses caused to the victim or the plaintiff in the attached civil lawsuit due to the defendant's criminal conduct in the attached civil lawsuit. The reasons shall be based on the relevant legal provisions to clearly state why the defendant in the attached civil lawsuit should bear civil liability.

Evidence proving losses shall be listed one by one in terms of name, type, and **.

3. The tail should be indicated:

1) the name of the people's court to which it was sent;

2) the number of copies of the attached civil complaint;

3) The signature or seal of the plaintiff in the attached civil lawsuit;

4) Speciation time.