How to Protect "Safe Overhead" from Frequent Parabolics at High Altitude

Parabolic objects at high altitude not only threaten the personal safety of citizens, but also pollute the ecological env

How to Protect "Safe Overhead" from Frequent Parabolics at High Altitude

Parabolic objects at high altitude not only threaten the personal safety of citizens, but also pollute the ecological environment and endanger public order, which must be controlled.

Xu (Xinhua News Agency)

For some time, high-altitude parabolic casualties have occurred frequently, threatening the safety of people's lives and property and arousing great public concern. The editorial department of this newspaper has received letters from some readers. While expressing their concerns and making suggestions, they are also looking forward to strengthening governance.

How to intensify efforts to control high-altitude parabolic objects and protect the public's "safety expenses"? The reporter interviewed legal experts from china law society, universities and legal workers from practical departments, responding to readers' concerns.

The public security organs should find the perpetrators as soon as possible after the injuries caused by throwing objects from high buildings.

Cui Liangping, a reader from Taiyuan, Shanxi Province, said in his letter that he was really worried about his "security expenses": living on the first floor, he often saw all kinds of things thrown from upstairs, and the glass was broken twice in two months. Sometimes children play in the yard on the first floor, and pebbles, walnuts and other sundries fall upstairs.

As small as fruit stones and plastic bottles, as large as flower pots and billboards, many objects may become sharp weapons to hurt people once they fall from the sky.

How serious is the parabolic problem at high altitude? Wu, deputy director of the Research Office of the Supreme People's Court, explained with a set of data: "During the three years from 20 16 to 20 18, the national courts concluded more than 1200 civil cases, and nearly 30% of these 1200 cases caused personal injuries; Accepted 3/kloc-0 criminal cases, and more than 50% of these 3/kloc-0 cases resulted in the death of the victim. " In fact, only a small number of cases have entered the litigation field.

"I want to talk about it, but I don't know who to look for." Xu Long, a reader in Baoji City, Shaanxi Province, expressed the helplessness of many victims. For example, he said that in July this year, the top window of his private car was broken by stones. He thinks that this part was smashed, which may only be caused by falling objects from high altitude, but the location where he parked happened to be in the blind spot of monitoring. "The monitoring didn't take a picture of which one was thrown, and no one admitted it voluntarily. How to check the responsible person? "

"The biggest problem now is that it is difficult for the responsible person to find it in time. First of all, the ability of the parties to provide evidence is limited. Second, the relevant authorities need to cooperate in time to find out the responsible person in various ways. Shi Hong, deputy director of the Civil Law Office of the National People's Congress Standing Committee (NPCSC) Law Committee, said.

It is also the aspiration of many readers to let the relevant authorities cooperate in time to find the responsible person. Liang Zhenguang, a reader in Xuzhou City, Jiangsu Province, said in the letter: "The cost of parabolic accidents is asymmetric with the cost of proof of the victims. Nowadays, high-rise residential buildings are very common and there are many households. It is too difficult for ordinary residents to find the offenders one by one. I hope that the public security organs can intervene in time. "

"Article 87 of the Tort Liability Law stipulates that if it is difficult to determine the specific infringer because of the damage caused by throwing objects or falling objects from buildings, the law stipulates that the user of the building who may cause damage should compensate unless he can prove that he is not an infringer." Wang Liming, vice president of china law society, president of the Civil Law Research Association and executive vice president of China Renmin University, analyzed that "it is difficult to determine the specific infringer", which often makes people mistakenly think that the obligation to determine the specific infringer is borne by the victim. This will cause the victims to file a civil lawsuit, and the relevant authorities will no longer take charge of it and will no longer involve criminal issues, which is not conducive to the protection of the victims.

In reality, many situations are facing such a dilemma. Not long ago, a one-or two-year-old girl in Zhengzhou was injured by a bottle thrown upstairs. Ms. Li, the mother of the child, asked 20 households that they had not found the perpetrators, saying that if they could not find the perpetrators, they would sue the owners of the whole building.

How to make the real infringer punished by law? Wang Liming said: "In cases of damage caused by throwing objects from high buildings, criminal offences are usually involved. It is the responsibility of public security departments and other institutions to identify specific infringers. Public security organs and other institutions have the obligation to identify the perpetrators in a timely manner according to the law, so that the perpetrators can be held accountable according to law, and the perpetrators will compensate the victims. In the tort liability compilation of the Civil Code, it is suggested that after increasing the damage caused by parabolic objects in high-rise buildings, the relevant authorities should first identify the provisions of the injurer in time. "

Property should promptly eliminate all kinds of potential safety hazards, and bear corresponding responsibilities if dereliction of duty occurs.

Property management is not responsible enough, which is also a reason for the frequent occurrence of high-altitude parabolic objects. Liu Yuanfei, a reader in Daqing City, Heilongjiang Province, told this newspaper that residents upstairs often throw things into the air. After he reflected to the property, there was only a leaflet downstairs prohibiting throwing objects at high altitude, and the situation did not really improve.

Sun Yun, a reader in Wuhan, Hubei Province, talked about the problem of inaction and uselessness of the property, which was also full of bitterness. "A few times when I was at work, I watched full garbage bags fall from upstairs. I have reflected with the property several times and the problems have not been solved. "

What role should the property service enterprises closely related to residents play when they encounter high-altitude parabolic objects? "Owners and realty service enterprises shall, in accordance with the stipulations of the realty service contract, timely perform the obligations of maintenance, conservation and management of houses and supporting facilities and related sites, and earnestly safeguard the environmental sanitation and related order in the realty management area." The relevant person in charge of china law society said that the property service enterprises should do their duty, stop illegal activities such as throwing objects at high altitude in time, assist in safety precautions and take emergency measures in time for safety accidents.

"The phenomenon of falling objects mostly occurs in residential areas. If a residential property is entrusted to a property service enterprise for management, the property service enterprise has the obligation to maintain the basic order of the residential area and protect the personal or property safety of the owner in accordance with the property service contract or relevant legislation. " Wang, a professor at the Law School of Shanxi University, analyzed that the property management regulations are clear, and property service enterprises should assist in the safety work in the property management area.

"Unfortunately, if a property service enterprise fails to fulfill its security obligations or fails to take reasonable measures to protect the owner's personal and property safety, whether it should bear the responsibility and what kind of responsibility it should bear is not clearly defined in the above legislation." Wang believes that the property management system should be improved, and in the case that the person responsible for falling objects from high altitude is unknown, the property service enterprises should bear the supplementary liability for compensation.

"At present, as far as property companies are concerned, service quality and service awareness are still insufficient. The scope of responsibility of property service units should be further clarified and expanded. " Gao Zicheng, president of the Beijing Lawyers Association, said that unless the property company fulfilled its legal obligations, contractual obligations and duty of care.

Wang Liming believes that for the damage caused by falling objects from high altitude, no matter whether the perpetrator can be identified or not, as long as the property service enterprises violate their due security obligations, they should bear corresponding supplementary responsibilities. For example, he introduced that if the wall skin in public areas is in danger of falling off or falling off, the property service enterprise fails to eliminate hidden dangers in time, causing damage to the wall skin, and the property service enterprise fails to fulfill its security obligations and should bear the responsibility; For another example, the monitoring probe was not turned on when the accident occurred, and the property service enterprise was also at fault.

There is no shortage of legal and technical means to prevent throwing objects at high altitude.

Many readers said that ordinary residents hope to take precautions in advance to reduce the occurrence of falling objects and avoid personal and property losses. Xue Weimin, a reader in Tangshan City, Hebei Province, believes that "a perfect video surveillance system is the most direct means, which can play a strong deterrent role and make it easier for victims to fix evidence."

In order to prevent high-altitude parabolic objects, a residential area in Hangzhou explored the streets in terms of technical defense, and installed 47 special wide-angle cameras, including the windows and balconies of the whole building. This move was supported by the residents of the community.

Many legal workers also said that it is necessary to further speed up the construction of the "clear inspection project", promote the networking application of public security video surveillance construction, implement the "technical defense to households" project, and make full use of technical means to fix and retain the evidence of high-altitude parabolic cases; At the same time, towns (streets) and communities should give full play to the important role of grid service management, strengthen the publicity of relevant laws and regulations for residents, and promptly investigate and rectify related security risks.

"The distance between windows, balconies, road edges and buildings is directly related to the possibility of falling objects and whether it will hurt pedestrians on the road. China's current relevant design codes only pay attention to the design of housing space and function, and fail to fully consider the safety of housing use. " Wang Jian suggested that scientific and reasonable architectural design standards should be formulated to block the source of falling objects.

Perfecting relevant laws is also the same view of many readers. Zuo Chongnian, a reader in Hefei, Anhui Province, wrote that it is necessary to strengthen legal regulation, clarify the nature of high-altitude parabolic objects, and increase the illegal cost. Xu Long also believes that "if people who throw things downstairs know that their actions have violated the law and it is difficult to escape the corresponding punishment, they will certainly restrain themselves."

Ma Huaide, president of china law society Administrative Law Research Association and president of China University of Political Science and Law, said that although falling objects from high altitude is a social problem in recent years, one of the important reasons is the lack of legal regulation. Although there are cases of civil tort compensation for falling objects from high altitude decided by the court, most of them focus on the distribution of civil liability. However, this kind of civil precedent can not effectively solve the problem, especially can not prevent the parabolic problem at high altitude.

Technical and legal means are indispensable to protect the "security expenses" of the public. "In the legislative process of the civil code, more targeted provisions should be made on falling objects from high altitude: in the amendment of the criminal law, the behavior of' falling objects from high altitude' should be treated as a criminal offence on the premise of clarifying the types, weights and throwing heights of falling objects." Legal experts suggested.