本文认为高空抛物行为并非物件致人损害行为、共同危险行为,高层建筑内住户不应承担替代责任,亦不适用公平原则。侵权责任法草案第83条规定有不妥之处,应予以修改或废除。最后,文中提出了对于高空抛物行为所造成损害的救济对策。 In this paper, it is considered that the act of paraboloid at high altitude is not an act of causing harm to people by objects and acts of common danger. Residents in high-rise buildings should not assume alternative responsibilities nor apply the principle of fairness. Article 83 of the Tort Liability Law stipulates that there should be any irregularities and should be amended or repealed. Finally, the paper proposes remedies for damage caused by parabolic behavior at high altitudes.