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人口城镇化促进了房地产事业飞速发展,一方面是建筑物、构筑物、其它设施如雨后春笋般的日益增多,一方面则是建筑物倒塌事件频繁上演,原有的《民法通则》及《人身损害赔偿解释》已无法适应层出不穷的复杂状况。2010年的《侵权责任法》第86条虽然进一步完善和明确了相关法律规定,但是立法工作完成之后,紧接而来的就是如何解释和实施该法条,尤其是该法条相关的归责原则、抗辩事由、责任主体和责任承担等问题仍然存在较大争议。
The urbanization of population has promoted the rapid development of the real estate industry. On the one hand, buildings, structures and other facilities have been mushroomed. On the one hand, buildings are frequently staged. The original General Principles of Civil Law and Compensation for Personal Injury Explain "has been unable to adapt to an endless stream of complex conditions. Although Article 86 of the Tort Liability Act 2010 further perfected and clarified the relevant laws and regulations, after the completion of the legislative work, it was immediately followed by how to interpret and implement the law, in particular, the imputation related to the law The principle, the defense, the main body of responsibility and the responsibility to assume and other issues remain controversial.