Inquiry on the Tort Liability Caused by Throwing Objects from the Building when the Inflicter Is Uncertaine:Comment on the Article 83 of the Secondary Draft of Tort Liability Act

scholars cannot reach assent on the issue of commitment of tort liability caused by throwing objects from the building when the inflicter is uncertaine.Similar cases got diffent decisions in judicial practice has heated the discussion.In the case of unknown inflicter,to make the property users assume liability jointly is lack of legal basis and will result in substantial injustice,so it's an inappropriate approach.The tort liability caused by throwing objects from the building when the inflicter is uncertaine is ultimately a problem of how to balance risks and benefits,which is beyond the tort law.So it's a better choice to relieve victims through social security and commercial insurance.