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高空抛物侵权行为是指行为人从高层建筑上抛掷物品,致人损害的行为。因在实践中无法确定具体行为人,又无统一的法律依据,在理论界与实践中引起了热烈的讨论。本文通过对高空抛物行为的介定以及分析其和相关概念的区别,结合真实案例归纳总结,就当前理论争议焦点进行研究,得出了该侵权行为的归责原则与责任承担方面的相应结论。
Parabolic high-altitude infringement refers to the actors throwing objects from high-rise buildings, causing damage to people’s behavior. Due to the fact that it is impossible to identify a specific actor in practice and there is no uniform legal basis, there has been heated discussion in theorists and practitioners. Based on the definition of parabolic behavior at high altitudes and the difference between it and its related concepts, this dissertation focuses on the current theoretical controversy by combining the induction of real cases and concluding the principle of liability attribution and the assumption of responsibility.