Why are high-altitude parabolic objects always common?

Parabolic phenomenon at high altitude, once called "the pain hanging over the city", is not only uncivilized, but also brings huge security risks.

The Enshi Evening News reporter visited and found that in recent years, the phenomenon of high-altitude parabolic objects has been improved to a certain extent in most residential areas of Zhoucheng, but it still happens from time to time.

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A warning sign is hung in a residential area of the city.

Property: Many measures have been taken and some improvements have been made, but it still happens from time to time.

Manager Cui of the Southern Ancient City National Garden Property told the Enshi Evening News reporter that compared with before, the phenomenon of high-altitude parabolic objects in the community was significantly reduced.

On the one hand, the quality of most owners is getting higher and higher, and they understand the harm of throwing objects at high altitude; On the other hand, the property invested more energy to convince the owners.

"There were high-altitude parabolic objects in the previous community. We went door to door to explain the dangers of high-altitude parabolic objects. Slowly, there are fewer parabolic phenomena in the community. " Manager Cui said that in the first half of this year, some owners reported that hot water and garbage bags were thrown upstairs. The property staff called from house to house and found that it was caused by an old man. The staff got in touch with the family members of the elderly and informed them of the dangers of throwing objects at high altitude. Through coordination, the old man's family installed the King Kong net screen window.

"In March of this year, some people reported that there was sand falling upstairs. Our investigation found that the decoration workers were careless at the moment. We explained the dangers of high-altitude parabolic objects to new owners and decoration workers, and similar situations reappeared after the ban. " Manager Cui said that notices prohibiting throwing objects at high altitude were posted on the downstairs of each unit and beside the elevator, and warning signs for throwing objects at high altitude were also posted in public areas. The property management company will also train relevant knowledge with the staff from time to time.

"It is gratifying that among the owners, some owners and the property promote the harm of high-altitude parabolic objects together." Manager Cui said with a smile.

"It is forbidden to throw objects at high altitude. Our property management office has taken many measures to remind residents. " Manager Tian of Fenghuang Community told the Enshi Evening News reporter that the property reminded the owners to put an end to high-altitude parabolic behavior through door-to-door visits, billboards and banners. Compared with usual, the phenomenon of high-altitude parabolic objects is much better, but some car owners still don't realize the serious harm of high-altitude parabolic objects.

Manager Li, who has worked in Fuxing City Property for two years, said that every unit in the community has posted a notice prohibiting throwing objects at high altitude downstairs, and the owner's WeChat group also has propaganda prohibiting throwing objects at high altitude. Before, a child threw an apple from upstairs. After the property staff checked, the staff went to the door for education and got the support and understanding of the parents of the children. "Our property company is going to apply to the owner for a high-altitude camera to monitor the parabolic behavior at high altitude."

Owner: Worried, install monitoring by himself.

Auntie, the cleaning staff of the Southern Ancient City National Garden, said: "In recent years, the phenomenon of throwing objects at high altitude in the community has decreased, but sometimes there are still garbage such as cigarette butts and paper towels in the grass. Putting an end to high-altitude parabolic behavior requires the joint efforts of the owners and the property, especially to improve the overall quality of the owners. "

The person in charge of the property of Fenghuang Community told the Enshi Evening News reporter that the phenomenon of high-altitude parabolic objects in residential buildings facing the street is more serious. There are often things falling from the canopy of the convenience store downstairs, mostly garbage bags. Although the property staff dissuaded some residents, some owners still went their own way. The staff refused to admit it when they went to check, so they had to send someone to clean it. We need to work together to put an end to parabolic problems in high altitude.

During the visit, there were also many residents with strong safety awareness. Grandma Nie, who lives in Fuxingcheng Community of Zhoucheng, said: "Look upstairs, there are many flowerpots sticking out of the windows of residents' homes, all of which are supported by aluminum alloy. Over time, it will rust. I hope that the property can pay attention to these phenomena and remind relevant residents. "

On June 29th, citizen Lu Jun overhauled the surveillance camera outside his balcony. In the neighborhood where Lu Jun is located, parabolic phenomena occur from time to time. In order to avoid the joint liability of parabolic infringement at high altitude, he installed surveillance cameras outside his balcony and bedroom. "I installed cameras in all my open areas to photograph my balconies, windows and other areas. Parabolic phenomena occur from time to time in the community, so it is best not to hurt people. If it happens, I can prove through monitoring that it is not a parabolic object in my home, and I can avoid joint liability for parabolic infringement. "

An investigation by Enshi Evening News reporter found that most urban communities did not install cameras to monitor high-altitude parabolic objects. A person in charge of a property company said that it is difficult to install cameras. On the one hand, it is a financial problem, on the other hand, the opinions of the owners are not unified, and two-thirds of the residents in the community need to agree.

Lawyer: Parabolic infringement at high altitude has four elements.

In recent years, with more and more incidents of casualties and property losses caused by high-altitude parabolic behavior, this issue has attracted more and more attention, and some legal proceedings brought about by it have also made people realize that the original moral problems are gradually becoming the content of legal rights protection.

Yesterday, Enshi Evening News reporter interviewed Zhang Hua, a lawyer of Hubei Zhenbang Huaguang Law Firm.

Zhang Hua believes that the injury or even death caused by high-altitude parabolic objects is not accidental, but common and repeated, which is called "the pain hanging over the city". Although everyone has heard of throwing objects at high altitude, the accident did not happen to them, and many people did not pay attention to it. For the convenience of the moment, they are thrown out, regardless of their position and height, and no matter what impact the thrown objects will have on others. There are still many people who think that what they throw out of the balcony is light and won't hurt people. However, this is not the case. According to the physical principle, no matter how light the falling object is, as long as the height is high enough, the impact force cannot be underestimated.

"Parabolic infringement at high altitude refers to the act of throwing objects from high altitude, causing personal or property losses to others." Zhang Hua introduced that the elements of parabolic infringement at high altitude include injurious behavior, damage consequences, causality and imputation principle.

Harmful behavior in throwing objects from high altitude refers to the behavior of the actor throwing objects from high altitude, causing damage to others. If the specific thrower can be determined, it will be regulated according to the general tort. Generally, it is impossible to determine the perpetrator of parabolic infringement at high altitude. The real actors are mixed in a certain range of people, and no one takes the initiative to bear the consequences after committing the harm. Based on various policy considerations, the law can only assume that everyone in a certain range is an actor. At this point, parabolic behavior at high altitude is different from the same dangerous behavior. In the case of high-altitude parabolic, only one person has carried out parabolic behavior, but he cannot be identified from a certain range. In the case of the same dangerous behavior, many people have committed dangerous behaviors, but it is not clear which dangerous behavior caused the damage. Therefore, throwing objects at high altitude belongs to behavior presumption; * * * The same danger belongs to the presumption of causality. Related to this, one of the exemption reasons for parabolic liability at high altitude is mainly to overturn the presumption of behavior; * * * One of the exemptions for the same danger is mainly to overturn the presumption of causality.

The damage consequence refers to the personal or property loss suffered by the victim. The damage caused by high-altitude parabolic objects is sudden and serious. The damage caused by high-altitude parabolic objects includes both personal injury and property loss. When high-altitude parabolic objects occur, the victims can't stop them or take any effective measures to avoid them. Therefore, the damage caused by high-altitude parabolic objects is often very serious, and this kind of behavior is also very harmful to society.

Causality refers to the causality in the sense of liability establishment, that is, the damage consequences of the victim are caused by parabolic behavior at high altitude. Zhang Hua believes that there are several points to be explained here:

First, there is often more evidence to prove the causal relationship between high-altitude parabolic damage, so there is generally no dispute about the determination of the causal relationship between the victim's loss and high-altitude parabolic behavior.

Second, starting from causality, some people can also be exempted. Take the parabolic failure of high-rise buildings as an example. The victim was injured by parabolic damage to the building. Even if it is presumed that all residents in the building have carried out parabolic behavior, the damage consequences cannot be caused by the residents on the first floor. Therefore, through the proof of causality, residents of lower floors, including the first floor, can be exempted from responsibility. The exemption of parabolic liability at high altitude should also include the exemption of causality.

Because there is no provision of parabolic tort in China's current law, the principle of liability for consequential liability should be adopted in legislation. Because the victim can't do anything about the damage, it can't be prevented or avoided, and the moral hazard of the victim will not happen. Therefore, as long as parabola causes damage to others, tort liability should be established.