What are the legal provisions of our laws on falling objects?

Accidents and surprises in life we never know which will come to us first, and for such a flying disaster is actually a big blow to everyone, for high-altitude projectiles, in the environment we are now in is often able to see often happen, every time it will have a serious impact on it, for such a thing, it is also a point that makes us wonder, why did not get a good governance measure after such a thing?It can only be said that this reason is also caused by the lack of ideological understanding. <>

For high-altitude throwing objects, it will seriously endanger the lives of others, but if it is not reached, it is also a low-quality performance, after all, for littering, it is also a phenomenon that destroys its appearance, isn't it?For such a thing, we should also raise a certain warning, don't let other people's lives pay for it because of their own negligence, after all, for such a practice, it is also an irresponsible behavior to yourself, after all, such a thing happens to any person is a big blow, although it seems to be a small thing, but we must remember that although it is said that there is no lethal thing, but after a height of tens of meters, the impact it brings is also a dangerous item。 <>

In addition, the state also has relevant provisions for such matters: "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 compensate him." This should also cause us a series of warnings, for such things, we must solve the problem from the ideology, after all, our actions are carried out under the control of the mind, and in many cases this can be prevented. <>

The Supreme People's Court issued the "Opinions on the Proper Trial of Cases of Objects Thrown from High Altitude and Falling Objects in Accordance with Law", in which those who intentionally throw objects from high altitudes causing serious injury or death shall be given a heavier punishment, and the maximum sentence may be death.

Article 85 of the Tort Liability Law of the People's Republic of China provides that if a building, structure or other facility and its shelving or hanging object falls off or crashes, causing damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability.

Article 87 of the Tort Liability Law of the People's Republic of China stipulates that: "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, the user of the building who may have caused the harm shall compensate the user of the building who may have caused the damage, unless it can be proved that he is not the infringer." ”

Article 1253 of the Civil Code has clear provisions on falling objects from heights. It is stipulated that where a building, structure or other facility and its shelving or hanging object falls off or falls, causing damage to others, and the owner, manager or user cannot prove that he is not at fault, he 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.

Where the hanging objects on the building, as well as the shelving or hanging objects of the building, collapse, fall off, or fall, causing damage to others, civil liability shall be borne. If you can explain the reason for it, such as a strong wind blowing down,** etc.

The loss or abandonment of high-altitude dangerous objects shall be borne by the owner, and if it is handed over to others for management, the others shall be liable, and the owner shall be jointly and severally liable if he or she is at fault.

For example, Article 126 of the General Principles of the Civil Law stipulates that: "Where a building or other facility, as well as a shelving or hanging object on a building, collapses, falls off or falls, causing damage to others, the owner or manager shall bear civil liability, unless it can be proved that he is not at fault."

The legal text is as follows:1Article 85 of the Tort Liability Law provides that if a building, structure or other facility and its shelving or hanging object falls off or falls and causes damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability.

After the owner, the manager or user of the brother's tomb has compensation, if there are other responsible persons, they have the right to recover from the other responsible persons. 2.Article 87 of the Tort Liability Law provides that 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, the user of the building who may have caused the harm shall compensate the building user who may have caused the damage, unless it can be proved that he is not the infringer.

The legal provisions of falling objects from heights are that if an object thrown in a building or an object falling from a building causes damage to others, and there is a specific infringer, the infringer shall be liable; Where it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall give compensation, unless there is evidence to prove that there is no possibility of infringement.

Legal basis] Article 102 of the Civil Code is changed to 153.

Where buildings, structures, or other facilities, as well as their shelves or hanging objects, fall off or fall, causing damage 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 compensates, if there are other responsible persons, they have the right to recover from the other responsible persons.

If there is a specific responsible person, the owner, manager or user of the base fuel may recover from it after compensation. 2.Where a person is injured by intentionally throwing an object, and it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall give compensation unless it can be proved that he is not the infringer.

Legal basis: Article 153 of the Civil Code of the People's Republic of China Where a building, structure or other facility 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, he or she shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover compensation from the other responsible persons.

If the owner hands over the highly dangerous goods to others for management, the manager shall bear the tort liability; If all the owners are at fault, they shall be jointly and severally liable with the manager.

Criminal responsibility: Where dangerous methods endanger public safety and have not yet caused serious consequences, a sentence of not less than three years but not more than ten years imprisonment is to be given.

Legal basis: Article 1241 of the Civil Code of the People's Republic of China Where a highly dangerous object is lost or abandoned and causes damage to others, the owner shall bear tort liability. If the owner hands over the highly dangerous goods to others for management, the manager shall bear the tort liability; If all the owners are at fault, they shall be jointly and severally liable with the manager.

Criminal Law of the People's Republic of China" Article 114 Whoever sets fire, breaches water, or releases poisonous, radioactive, infectious disease pathogens or other substances or endangers public safety by other dangerous means, and has not yet caused serious consequences, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

The first paragraph of Article 291-2 of the Criminal Law stipulates that anyone who throws an object from a building or other high altitude and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than one year, short-term detention or controlled release, and/or a fine.

Article 1254 of the Civil Code stipulates the liability for damage caused by high-altitude throwing and falling objects, mainly to respond to the problem that it is difficult to determine the perpetrator and the victim to obtain compensation in practice

First, the actor bears tort liability for high-altitude throwing objects, and the actor bears responsibility in accordance with the principle of fault and brother's liability. Public security and other organs shall promptly investigate in accordance with law and find out who is responsible.

Second, if it is difficult to identify the infringer, the possible perpetrator (building user) shall compensate him, unless he can prove that he is not the infringer. In this case, the liability is to bear the liability for compensation in accordance with the rules of equitable allocation of losses and in accordance with the special provisions of the law.

Third, the possible perpetrator has the right to recover compensation from the actual infringer after compensation.

Fourth, building managers such as property management service enterprises should take safety measures to prevent falling objects from high altitudes, and if they fail to take necessary measures, they should bear tort liability for failing to perform their obligations.

1. How to collect evidence from the high-altitude falling object court.

If the infringer cannot be identified through a series of investigation methods, the principle of the responsibility of the Correction Department for falling objects is originally the principle of reversal of evidence, and the specific circumstances are:

1. The person who was smashed only needs to prove that he passed by the place and was injured by a falling object on the upper floor, and his evidence has been completed. All that remains is for the owner of the building to prove that he has not thrown the object. If the person who fails to provide evidence or cannot find the actual throwing object, all the owners of the corridor shall be jointly liable for compensation.

This is the responsibility of the person who was smashed, because it is impossible for the person who was smashed to provide evidence to prove that a certain owner threw the object, and it is unrealistic to require the person who was smashed to provide evidence, so it is applicable to the reversal of evidence.

2. If the house is rented, then the landlord and the tenant jointly compensate. The tenant is the actual occupant of the premises, has direct responsibility for the safety of the premises, and has not treated the aging glass or notified the landlord in a timely manner when it is foreseeable to prevent it. As the owner of the house, the landlord needs to bear the corresponding supervision obligations, and if the owner or manager fails to fulfill the obligations, the owner or manager shall bear the obligation to compensate.

Therefore, the principle of attribution of liability for falling objects from heights is applicable to the principle of reversal of proof in the law, that is, the victim only needs to prove that he was injured by a falling object from a height, and the remaining burden of proof is on the owner of the residence.