论建筑物抛掷物、坠落物致害道义补偿责任——兼论建筑物抛掷物、坠落物强制责任保险制度的建立

《侵权责任法》第87条规定的建筑物抛掷物、坠落物致害补偿责任的性质不是侵权责任，也不是公平责任，而是道义补偿责任。该道义补偿责任的适用范围，受到“建筑物”、“抛掷物”或者“坠落物”和“难以确定”三个方面的限制。其责任限制又主要通过抗辩举证、数额确定及责任分担来实现。另外，建议将该道义补偿责任纳入强制责任保险的范畴，并由法定责任主体通过物业费代为征收的方式予以缴纳。

On Moral Indemnity Liability for Harm Caused by Throwing or Falling Objects from Buildings——With Suggestion on the Establishment of Compulsory Liability Insurance System for Harm Caused by Throwing or Falling Objects from Buildings

The nature of the indemnity liability for the harm caused by objects thrown from a building or objects hanging falling on a building, which is stipulated in Article 87 of Tort Liability Law, is not tort liability, nor liability based on fairness, but rather the moral indemnity liability. The scope of the moral indemnity liability is limited by the following three aspects： ＂the building＂, ＂the throwing objects or the falling objects＂ and ＂the difficulty to determine＂. And the limitation to the moral indemnity liability includes the defense evidence, the definitude of the a- mount and the apportionment of this liability. In addition, we should take this moral indemnity liability into the compulsory liability insurance and the insurance expense should be paid by the legally liable person through the collection of the property management fees.