Improvement of the Legal Governance Model for Throwing Objects from Height Under the Collaborative Theory
The legal governance of throwing objects from height has transformed from decentralized governance to collaborative governance.The former protects people's civil rights with the double-layer liability system of"infringement and compensation",while the latter starts with the establishment of relevant clauses such as the investigation duty of public security organs in the Civil Code.However,under the influence of the opposite concept of public and private laws,the approach of special legislation for civil law and the pragmatic adjustment,the collaborative governance mode is confined to the individual optimization of each department law,paying no attention to the collaborative concept and plan,which leads to separate governance and constraints between different departments.Thus,reflection and improvement should be made in both the parts and the whole,guided by the concept of cooperative governance,with the logical relationship and the scope of effectiveness of the law governance between each department properly determined.Specifically,first,we should emphasize the applicability of the limitation of compensation liability for the possible perpetrator.Second,we should promote the return of the prevention and control obligation to public law,and build a multi-level rescue system led by administrative organs.Third,the interpretation of the constitutive elements of"throwing objects from height"should be modest.
throwing objects from heightpossible perpetratorcrime of throwing objects from heightcollaborative governance modelCivil Code
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