Liability of Public Security Organs for Violation of Investigation Duties in the case of the Tort of Throwing Objects from a Height
Article 1254(3)of the Civil Code stipulates that the police authorities shall"promptly investigate in accordance with the law"on the occasion of throwing objects from a height,which is a legal duty of the police authorities,and the legal consequences of the violation of this duty shall be determined by returning to the People's Police Act,which is the general law of police law,in the absence of any provision in the Civil Code.Among other things,the corresponding liability for damages can be recognized by the State Compensation Law through article 50 of the People's Police Law.In cases where the police authorities have violated their investigative duties in such a way as to make it difficult to identify the real perpetrators of the violations,the purely economic losses suffered by the victims and the users of the building who may have been victimized are covered by article 2 of the State Compensation Law.The amount of liability claimed by the potentially victimized building user is the same as the scope of his/her compensatory liability,subject to the supplementary liability assumed by the building manager who violated the duty of safety and security,and the amount of liability claimed by the victim is the difference between the total amount of compensation that he/she can obtain from the true tortfeasor and the supplementary liability assumed by the building manager and the compensatory liability assumed by the potentially victimized building user.
throwing objects from heightpolice authoritiesinvestigative dutiesstate compensationcompensatory liability
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