Hunan Daily all-media reporter Yang Jiajun
[plot summary] In the
TV series " bottom line ", a 70-year-old uncle was walking in the community one day when he was startled by a mineral water bottle that suddenly fell from the sky and fell. Although uninjured, he was hospitalized for recuperation. After being discharged from the hospital, the uncle went to the court to file a claim with all the residents in the residential building. During the mediation process, all the residents in the building believed that the water bottle did not hit the uncle, and the uncle could not prove who threw the bottle. Civil cases should follow the principle of "no guilt is suspected", and everyone should not be held responsible. Fang Yuan carefully explained the provisions of the Civil Code on high-altitude parabolic objects. In the end, the four households who could not prove that there was no one at home agreed to make corresponding compensation for the loss of the uncle.
【Learning the Law by Watching Drama】
Li Yuting, Deputy Chief Judge of the Second Civil Division of Yueyanglou District Court, Yueyang City: High-altitude parabolic objects shall be liable for civil compensation. Article 1254 of "Civil Code of the People's Republic of China " stipulates: "It is forbidden to throw objects from buildings. If objects are thrown from buildings or objects that fall from buildings cause damage to others, the infringement shall be If it is difficult to determine the specific infringer after investigation, the user of the building who may cause damage shall make compensation unless he can prove that he is not the infringer. In the
play, although the uncle was not directly hit by the bottle, he was frightened and fell and injured. The two have a legal causal relationship, so the residents of the residential building still have to bear the responsibility.
In addition, property service companies and other building managers shall take necessary safety protection measures to prevent the occurrence of the situations specified in the preceding paragraph; if the necessary safety protection measures are not taken, they shall bear the tort liability for failing to perform their safety protection obligations according to law.
hereby reminds that high-altitude parabolic objects are not only liable for civil compensation, but may also be involved in criminal offenses. "Amendment to the Criminal Law of the People's Republic of China (Eleven)" newly added Article 291-2 of the Criminal Law: "Throwing objects from buildings or other high altitudes, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year." , criminal detention or public surveillance, and concurrently or solely fined." The amendment will come into force on March 1, 2021, and the crime of throwing objects from high altitude has been officially punished as an independent crime.
"High-altitude" cannot simply be based on the level of the horizontal plane. For example, the first floor may become "high-altitude" compared to the second underground floor. In the final analysis, "serious circumstances" depend on the seriousness of the behavior itself: whether it was carried out by accident or repeatedly, whether it was dissuaded to be ineffective, or whether it was a "recidivism"? Is the place densely populated and the flow of people is not large, is it an unmanned area or an entrance and exit? How high is the floor and what items are thrown? What needs to be reminded is that the crime of high-altitude throwing is not a consequential crime, and it may still constitute a crime if no damage occurs.
(First trial: Sha Zhaohua Second trial: Su Li Third trial: Meng Zhijun)
