At the end of 2002, the Commission for Legislative Affairs of the Standing Committee of the National People’s Congress (NPC) formulated the Book of Tort Liability of Civil Law-Civil Law Draft (to avoid confusion, hereinafter referred to as the former Tort Liability Law of P. R. China (the First Officially Deliberated Draft). In this draft, Art. 56 stipulated: “If an object is thrown from within a building or something hanging on a building falls off or falls down, causes harm to another, and if the specific tortfeasor cannot be identified, all occupants of the building shall bear tort liability, except those who can prove that they are not specific tortfeasors.” It is widely recognized by scholars that this provision was based on the jurisprudence of the judgement of “Ashtray Case” in Chongqing in 2001. This case gained significant media attention. At the time, there were no explicit legal provisions to address such cases and comparable cases were also rare in comparative law. Consequently, liability for thrown or falling objects from high altitudes became a new issue in tort law theory study, and one of the focal points in the process of drafting the former Tort Liability Law. Among the subsequent versions of civil codes drafted by the teams of influential scholars, Art. 1974 of the Civil Code Draft of China·Book of Tort Act, edited by Wang Liming, attempted to address this issue and provided legislative reasons. However, the Law of Torts(Draft) prepared by the Institute of Law of the Chinese Academy of Social Sciences did not cover this matter. Indeed, the Tort Liability Law compiled by Professor YANG Lixin’s team in which the author was a member, did not include any provisions related to such type of cases; it in effect negated all the possibilities of right to claim for compensation or relief for tort in cases alike.

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Liability of Paying for Relief for Thrown or Falling Objects from High Altitudes

  • Zhu Wang

摘要

At the end of 2002, the Commission for Legislative Affairs of the Standing Committee of the National People’s Congress (NPC) formulated the Book of Tort Liability of Civil Law-Civil Law Draft (to avoid confusion, hereinafter referred to as the former Tort Liability Law of P. R. China (the First Officially Deliberated Draft). In this draft, Art. 56 stipulated: “If an object is thrown from within a building or something hanging on a building falls off or falls down, causes harm to another, and if the specific tortfeasor cannot be identified, all occupants of the building shall bear tort liability, except those who can prove that they are not specific tortfeasors.” It is widely recognized by scholars that this provision was based on the jurisprudence of the judgement of “Ashtray Case” in Chongqing in 2001. This case gained significant media attention. At the time, there were no explicit legal provisions to address such cases and comparable cases were also rare in comparative law. Consequently, liability for thrown or falling objects from high altitudes became a new issue in tort law theory study, and one of the focal points in the process of drafting the former Tort Liability Law. Among the subsequent versions of civil codes drafted by the teams of influential scholars, Art. 1974 of the Civil Code Draft of China·Book of Tort Act, edited by Wang Liming, attempted to address this issue and provided legislative reasons. However, the Law of Torts(Draft) prepared by the Institute of Law of the Chinese Academy of Social Sciences did not cover this matter. Indeed, the Tort Liability Law compiled by Professor YANG Lixin’s team in which the author was a member, did not include any provisions related to such type of cases; it in effect negated all the possibilities of right to claim for compensation or relief for tort in cases alike.