The Value Implication and Reshaping Application of Rule for Falling Objects in Civil Code of the People's Repubice of China
Article 1254 of Civil Code of the People's Repubice of China,which is known as"rule for falling and throwing objects from high-rise buildings",has undergone substantial changes as it not only absorbed the"indemnification obligation"defined in Article 87 of the previous Tort Law of the People's Republic of China,but also included the additional terms on property management's safety guarantee obligation and public security authorities'investigating and ascertaining liability.In practical terms,it has abandoned the previous position of emphasizing the relief function as it turned to a better social welfare and a balanced realization of corrective justice and distributive justice.So,the application of this article needs to be reshaped according to the change of its values.It should be made clear that indemnification obligation follows secondary liability,while the indemnification obligation should be further detailed,and the public security units'investigation for solving civil dispute be distinguished from that for imposing punishments for public security and criminal responsibility.
falling and throwing objects from high-rise buildingsindemnification obligationsafety guarantee obligationeconomic analysisvalue pursuit
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