Reflections on Tort Liability Reasonableness of Object-throwing from Height from the Perspective of Law and Economics

liability of object-throwing from height has been controversial in judicial practice, while relevant extraterritorial legislation fails to provide a good reference. After the legislation of Tort Liability Act, Article 87 identified the tort liability of object-throwing from height for the first time, and suspected building users would undertake joint liability if they have no reasonable reasons. With the analysis tool of expected cost of infringement in Law and Economics, the regulation exposes some irrationality in infringement, victims and liability. Combing Law and Economics, recommendations for deleting joint liability and modifying the act are put forward, which is a feasible scheme.