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When will parabolic objects from high altitude be included in the Civil Code?
At present, high-altitude parabolic objects have been included in the "Tort Liability Compilation" of the Civil Code. Specifically, Article 1253 of the Civil Code stipulates: "If buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. If the owner, manager or user has other responsible persons after compensation, he has the right to recover from other responsible persons. " This clause clearly stipulates the tort liability for damage caused by throwing objects from high altitude.
Firstly, the definition of parabolic behavior at high altitude.
Parabolic behavior at high altitude refers to the act of throwing objects from buildings or other high-altitude places, causing damage to others. This behavior not only poses a safety hazard to pedestrians and vehicles, but also may lead to serious legal consequences.
Second, the high-altitude parabolic clause in the Civil Code
According to the provisions of the Civil Law of People's Republic of China (PRC), if it is difficult to determine the specific infringer by throwing or falling an object from a building, the user of the building who may cause harm shall make compensation unless he can prove that he is not the infringer. After compensation, the user of the building who may cause damage has the right to recover from the infringer. Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law. In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.
Third, legal responsibility.
Criminal responsibility: If throwing objects at high altitude causes serious consequences, it may constitute a criminal offence, and criminal responsibility shall be investigated according to law.
Civil liability: If throwing objects at high altitude causes damage to others, it shall bear civil liability for compensation.
To sum up:
Parabolic objects from high altitude are included in Tort Liability Law of Civil Code, which indicates that Chinese laws attach importance to and regulate parabolic objects from high altitude. This provision is of great significance for protecting the public's personal and property safety, and also helps to improve the public's legal awareness and moral level.
Legal basis:
Article 1253 of the General Principles of Civil Law of People's Republic of China (PRC) * * * Buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others. If the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.
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