What do you think of the iron ball falling from the sky and killing a baby girl and being awarded compensation for the whole building?

20 16 In Building No.27, Youfang Street, Suining City, Sichuan Province, an iron ball fell from the sky and hit a baby girl under one year old in the stroller downstairs. After 9 hours of full rescue, the baby girl died unfortunately.

After the incident, the local police intervened in the investigation, but failed to find the parabolic person. So the parents of the baby girl sued all the residents of the whole building in the incident area to the court. Not long ago, the chuanshan district Court of Suining City ruled that the owners of the remaining 1 and 2 1 households should compensate the plaintiff for 3,000 yuan.

According to the Tort Liability Law, the possible infringer is liable for compensation.

The judgment in this case is based on Article 87 of Tort Liability Law, which came into effect on 20 10. If throwing objects from buildings or falling objects from buildings causes damage to others, and it is difficult to determine the specific infringer, in addition to proving that he is not an infringer, the user of the building who may cause damage shall compensate.

But here we need to pay attention to one word, compensation. In other words, not all the residents are really at fault, but a way to comfort the victims on the basis of the common ground in order to spread risks and share losses when the real infringer cannot be determined. It is not compensation and does not contain the nature of punishment.

Each household was compensated 3000 yuan, and some owners appealed.

Although the court has repeatedly explained that the liability for compensation is not the liability for compensation, and the payment of compensation does not mean that there is a fault, some residents still feel that the judgment made by the court is expect the unexpected and unacceptable.

Jaco, the owner's representative of building No.27/KLOC-0, Youfang Street, Suining City: Because I was far away from the incident after the accident, I was separated by several buildings, so it was definitely nothing for me. This 3000 yuan is nothing, but our owner wants a truth. There is something wrong with the unit building. Why is everyone 3000 yuan? The money is nothing to some people, but the Wei Zi community in Youfang Street is a rebuilt old community, with many old people and many unemployed people. Let's donate some to others in a humanitarian spirit, but not as much as 3000 yuan per family.

For some owners who are unable to pay compensation due to economic difficulties, the court said that they can apply for social relief through reasonable channels, but the result of assuming the liability for compensation will not change due to economic problems. At present, the first-instance judgment has not been executed, and more than 30 business owners are preparing to appeal.

Opinions on the definition of parabolic punishment in high altitude in the Supreme Law

20 19, 1 1 the Supreme People's Court issued judicial opinions on "making full use of the existing provisions of the criminal law". Whoever intentionally throws objects at high altitude shall be punished for the crime of endangering public security by dangerous means, intentional injury or intentional homicide according to the specific circumstances, and the punishment shall be heavier under certain circumstances; If falling objects from high altitude constitutes a crime, they shall also be convicted and punished according to law.

In practice, how to find the parabolic object has always been a difficult problem. For the case that no specific infringer can be found, the Civil Code, which will be implemented on 202 1 1, follows the thinking of the current Tort Liability Law, and still stipulates that "the user of the building that may cause damage shall be compensated", but the statement that the infringer has the right to recover from the infringer after compensation is added.

Compared with the current Tort Liability Law, the Civil Code has increased the responsibilities of public security organs. If throwing objects from buildings causes damage to others, public security organs and other organs shall promptly investigate and find out the responsible person according to law.

In this case, the public security organs have said that because there is no criminal case, they will encounter some means and procedural problems in the investigation. The new "Civil Code" clearly stipulates that public security organs and other organs are responsible for the investigation and punishment of high-altitude parabolic cases. What does this change mean for finding the perpetrators? What should I do for residents who can't prove that they can't infringe?

Public power intervenes to ensure fairness to the greatest extent.

Legal expert Yue Shenshan: The intervention of public power must be the greatest guarantee of fairness. At the same time, it is necessary to embody people-oriented and diversified treatment methods. Because parabolic incidents at high altitude are common, and the civil code also increases the responsibility of the property as a manager, can we consider setting up corresponding insurance to compensate?

On the other hand, if there is any clue about the parabolic person behind, you can report it to the public security organ, and the public security organ should restart the investigation of this matter, because this involves not only civil compensation and civil liability, but also whether it constitutes a crime.

After that, for example, in what form should the public security organ file a case? What kind of investigation will be conducted? What standard can the time, degree and level of investigation be converted into compensation for all owners? These all need to further improve the investigation and recovery procedures.