The residents were smashed behind the death: "The dog fell from the 20th floor"

"If you can't determine the high -altitude parabolic actor

The owner of the entire building may be responsible ""

Recently, a high -altitude falling incident occurred in a community in Lanzhou City, Gansu Province. A resident died unfortunately after being hit by a high -rise dog. After a week of incident, the dog owner had not found it.

There are 3 buildings in the incident community, with a maximum of 33 floors. The staff of the community property company told China News Weekly that at present, the local police are still in the investigation stage, and the specific situation is inconvenient to disclose. However, the staff member mentioned that the dog fell from the 20th floor.

From the perspective of legal persons, in terms of civil liability, whether the dog owner is malicious or negligible for management, it is necessary to bear civil liability such as apology and compensation for losses, and will not be alleviated or reduced due to a subjective attitude. If the high -altitude parabolic actor is indeed unavailable, at this time, the owners of the entire building will bear the civil liability for joint compensation to the victim's family.

The dog fell from above the 20th floor

On September 7, a resident of a resident of Shengnong Homeland, Yanchangbao Community in Chengguan District, Lanzhou City, died by a dog falling from a high altitude. According to media reports, a 50 -year -old man in the community was hit. There was no life signs on the spot at the time of the incident. At present, the dog owner has not found. "

According to the information, there are three buildings in Shengnong Mkira, with a maximum of 33 floors. The community property company is Gansu Jinhai Tianli Property Management Co., Ltd. The company's staff told China News Weekly that at present, the local police are still investigating and the specific situation is inconvenient to disclose. However, the staff member mentioned that the dog fell from the 20th floor.

The above -mentioned staff said that after the incident, the property strengthened the propaganda of high -altitude parabolic and civilized pets in the community. He said that in fact, before the incident, the company reminded and promoted "forbiding high -altitude parabolic" through various ways. This kind of thing is still living. "

Property staff mentioned that it is unclear whether the dogs who have fallen into the community are the owners of this community. From the current situation, it should not be a stray dog. "There are traces tied to the dog's neck. The fur is very clean. It should be taken to take a bath, not even much hair loss. There are also people in the community who are feeded by people who are specifically feed, and they can't catch up."

High -altitude parabolic phenomenon is called "pain hanging over the city." In November 2019, the Supreme People's Court issued the "Opinions on Properly Trial of high -altitude parabolic and falling cases in accordance with the law" stating that for high -altitude parabolic behavior, factors such as the motivation, parabolic place, throwing situation, and the consequences of the consequences should Fully consider the degree of social harm and nature of behavior. For those who have intentionally high -altitude parabolic, in accordance with the specific situation, the specific situation shall be punished in specific situations according to the crime of harming public safety, intentional injury, or intentional homicide.

The "Opinions" also stipulates that if one of the following circumstances, it shall be punished from heavy penalties, and the probation shall not be applied: those who are implemented multiple times; those who continue to be discouraged; Wait.

In February 2021, the "Supreme People's Court and the Supreme People's Procuratorate's supplementary provisions on the implementation of the" Criminal Law of the People's Republic of China "(7) stipulated the crime of high -altitude parabolic crimes. On March 1 of the same year, the latest criminal law amendment (11) took effect, and the "high -altitude parabolic" was officially sentenced.

According to Article 291 of the Criminal Law, those who throw items from buildings or other high altitudes are severe. If the circumstances are serious, they will be sentenced to less than one year in prison, detention or control, and shall be punished or single. At the same time, if other crimes are constituted, conviction and punishment shall be determined in accordance with the heavy punishment.

In response to this case, Zhao Liangshan, senior partner and public welfare lawyer of Hengda Law Firm in Shaanxi, believes that although the dog is a living creature, its essence is still a high -altitude pendant and causing the severe consequences of the death of others. Civilized, dog owners constitute infringement. Whether it is maliciously dropped or negligible for management, the dog owner has fallen, and the dog owner has a fault. It is necessary to bear civil liability such as apology and compensation for losses.

As for criminal responsibility, if it is maliciously dropped by subjective and direct intention, if it is accidentally falling, it is fault. At this time, different psychological states, subjective ideas, and criminal circumstances will affect criminal charges. Therefore, during the review of criminal cases, pay attention to whether it is maliciously dropped or negligent, because it directly affects crimes and punishment.

Zhao Shanhan also mentioned that if the dog is a stray dog, there is no owner, and the feeding behavior of the feeder has occurred in a specific place for a long time, causing the stray dog ​​to have psychological and behavioral dependence, and active in this specific place, adding to the place in this place The risk of the personal safety of others, to a certain extent, feeding behaviors have indirectly become a factual raising behavior. The feeders have adopted management measures for long -term food feeding for stray dogs, which can be understood as managers.

According to Article 1,245 of the Civil Code: Any animal breeder or manager shall bear the infringement liability for the damage to others; Yes, you may not bear or reduce your responsibilities.

Zhao Shan Shan said that if the infringer can be determined, such as the actual infringement or feeding the crickets for a long time, the infringer shall bear the responsibility; if it cannot be determined, according to the "Civil Code", throw items from the building or from the building from the building If the falling items cause damage to others and it is difficult to determine the specific infringer, in addition to being able to prove that they are not the infringer, they will be compensated by the useful buildings. Civil liability for compensation. "The special feature of this falling incident is that the living creature falls, and the criminal charges involved will not change, but the plot may be punished." In terms of management and supervision obligations, a certain amount of compensation shall be assumed.

How to treat high -altitude parabolic?

For more than a year, a series of high -altitude parabolic cases have been ruling for more than a year. The work report of the Supreme People's Court this year also pointed out that the case of high -altitude parabolic casualties in 2021 decreased significantly, and the safety of the masses was more secure.

Although the case was significantly reduced, the high -altitude parabolic incident still occurred from time to time. In April of this year, when the security guards in Wuhu, Anhui Wuhu were patrolling, a cup of water with half a cup of water passed through the shoulders. The parabolic was sentenced to 3 months of detaining, 4 months of probation, and a fine of 2,000 yuan. In May, Yunnan, Yunnan, Yunnan, Yunnan, Yunnan, Yunnan, Yunnan A lady in Kunming took the child to pick up express in the community, and a pack of liquid items hit his head from the sky.

Zhao Shanliang pointed out that high -altitude parabolic behavior has been banned repeatedly, and there are many factors. For example, if the propaganda warning is not in place, the perpetrator has a fluent psychology and does not realize the bad consequences. It objectively sparse management of its own items, and difficult to obtain evidence for high -altitude parabolic evidence.

Outside of judicial means, localities have also begun to explore the use of scientific and technological means to treat high -altitude parabolic.

In the Zhongshan and Meishi District of Guangdong, the community joint property, the industry committee, etc. have installed the "comprehensive governance system for high -altitude parabolic". The installation engineer introduced that the system mainly uses high -altitude parabolic intelligent algorithms to conduct real -time intelligent testing of high -altitude parabolic events. When parabolic events occur, monitoring will quickly locate the source of the pendant and push the alarm as soon as possible. In addition, the system can identify high -altitude parabolic events, which can upgrade functions such as fireworks recognition, children climbing window recognition, and tilt of the building.

Chongqing Jiulongpo launched the "Watchman" high -altitude parabolic intelligent early warning and monitoring system. As of August, the project has been tried on the five police stations in Huanfang Street and surroundings of Jiulong Po, and the migrant population densely served in the area of ​​the district. This system can achieve intelligent real -time shooting and warning of intelligent falling or parabolic behavior. At the same time, big data analysis is used to remind hidden danger investigation points to deter people.

"If the monitoring equipment is the hardware basis for eliminating high -altitude parabolic, the awe of citizens' awe of laws and regulations is to eliminate the prerequisite for the rule of law of high -altitude parabolic." Ling Deqing, director of the Affairs Working Committee, said in an interview with the media that in addition to increasing the education of the rule of law, property companies need to strengthen the owner's safety first service awareness, which has a certain impact on eliminating or reducing high -altitude parabolic. Although the high -altitude parabolic is the responsibility of the parabolic, the property company is the steward of the community, familiar with the overall environment of the community, understands each building, and communicates with the owners. Many laws and regulations need to be promoted. Essence For the management and management of high -altitude pendant risk (such as the placement of the balcony flower pot, the installation of the air conditioner is not firm, etc.), the property company can make a difference.

Author: Wang Chunxiao ([email protected])

Edit: Li Zhiquan

Operation editor: Xiao Ran

- END -