Futian District Legal Publicity and Education Series Activities | Ensure the Safety of Overhead and Reject High-altitude Parabolic
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2022.08.02
Introduction: On July 12, 2022, the National Development and Reform Commission issued the "14th Five-Year Plan" New Urbanization Implementation Plan, which clearly stated that new super high-rise buildings should be strictly restricted, and no new buildings of more than 500 meters should be built. New buildings of more than 250 meters are also proposed to be strictly restricted. On July 24, 2022, the topic rushed to the top of the microblog search list. According to statistics, as of 2022, Shenzhen has a total of 171 high-rise buildings above 200 meters, ranking first in the country. The Shenzhen Ping An International Financial Center in Futian District is 599.1 meters high, making it the second tallest building in China. Cities make life better, high-rise buildings make cities more attractive. Under the "height limit order", we are feeling the rapid economic development and the continuous enhancement of national strength. At the same time, a perennial high incidence of infringement also comes into view: throwing objects from high altitude.
1. "High" of High-altitude Parabolic"
A parabolic object is an object thrown downward from high altitude. So much is high?
In the field of construction, there are two concepts of "height" and "net height" in the building code of our country. Floor height refers to the vertical distance between the upper and lower floor structure levels. The height of the floor minus the thickness of the floor or the height of the structural layer is called the net height. From the standard of civil housing, on March 14, 2022, article 4.1.2 of the draft "residential project specification" issued by the state housing and construction bureau stipulates that "the floor height shall not be less than 3.00m"; Article 5.5.1 of the code for residential design implemented on August 1, 2012 stipulates that "the height of residential floor should be 2.80m". In terms of office building standards, Article 4.1.11 of the Office Building Design Standards, which came into effect on March 1, 2020, stipulates that "the net height of an office with centralized air conditioning and a suspended ceiling shall not be less than 2.70m, and the net height of an open office without centralized air conditioning facilities shall not be less than 2.90m".
In the legal provisions, China's laws and regulations do not specify the height of high-altitude parabolic. The "Opinions of the Supreme People's Court on Properly Hearing Cases of Throwing and Falling Articles from High Altitude in accordance with the Law" describes high altitude as "overhead and in buildings". Article 1254 of the Civil Code on the liability for throwing objects from high altitude does not directly stipulate the height of buildings. The description of this article on height in the Understanding and Application of the Civil Code's Tort Code is "a high-rise building in modern society"; The 11th Amendment to the Criminal Law adds the crime of throwing objects from high altitude, namely Article 291 bis, "Throwing objects from buildings or other high altitude, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also, or shall only, be sentenced to a fine."
Professor Yuan Bin of the Institute of Criminal Law Science of Beijing Normal University pointed out in the Procuratorial Daily that it is more reasonable to use the height of the building as the height standard for high-altitude parabolic, that is, the height of the high altitude is at least the height of a building (2.80m).
二、High-altitude parabolic "things"
The line from the movie Forrest Gump says, "Life is like a box of chocolates. You never know what the next one tastes like." In the accident of throwing objects from high altitude, we will never know what the falling objects are.
Before the implementation of the Tort Liability Law and the Civil Code, there were three infringement cases that received widespread attention: First, the "Chongqing Ashtray Case". In May 2000, a Chongqing citizen Hao was hit on the head by an ashtray falling from a high-rise building in the street. The second is the "Jinan Chopping Board Case". In June 2001, Jinan citizen Meng was killed on the spot by a falling chopping board at the entrance of the unit building; the third is the "Shenzhen Glass case". In May 2006, a primary school student in Shenzhen was killed on the spot by a piece of glass falling from upstairs while passing a residential building. Coincidentally, it is not only the throwing objects in the above three cases, but also the high-altitude throwing objects can be described as various, including cigarette cases, fire extinguishers, apples, ceramic tiles, pens, computers and other items. The damage caused by these dropped everyday objects is so shocking that high-altitude projectiles are called "pain hanging over the city".
In September 2021, the Shaxian Branch of the Public Security Bureau of Sanming City, Fujian Province, after cracking a high-altitude throwing case, issued a danger warning to the general public on the Internet and listed the seven most dangerous high-altitude throwing objects: 1. Cigarette butts: The unextinguished cigarette butts fall into flammable objects, which is very likely to cause a fire; 2. Chopper: the knife falls down, if it encounters the human body, the consequences are unimaginable; 3. Beer bottle: beer bottles falling on the ground at high altitude will burst, break and splash; 4. Flowerpot: the flowerpot hits the road, which can be frightening or fatal; 5. Bricks: light can cause injury, heavy can cause fatal; 6. Firecrackers: light can frighten passers-by, heavy can cause fire and hurt young children; 7. Clothes pole: The clothes pole has a metal hook. If the hook hits the human body, especially the head, it will pose a deadly threat.
三、High-altitude parabolic "risk"
From the point of view of physics, the process of high-altitude throwing down and injuring passers-by actually includes free fall motion and collision process. First of all, without considering the air resistance, the moment when a high-altitude object comes into contact with a ground object from rest can be regarded as a free fall motion.In this process, the work done by gravity is converted into the kinetic energy of the object. The formula of gravitational potential energy is Ep = mgh,Ep is kinetic energy, m is the mass of the falling object, h is height, and g is gravity.That is to say, the higher the mass and height of the high altitude parabola, the greater the gravitational potential energy.The high-altitude object then collides with the ground object.According to the momentum theorem, we can find out the magnitude of the final impact force and measure its destructive force. The momentum theorem formula is Ft = mv,F is the impact force generated by high-altitude objects, v is the final velocity of high-altitude objects, and t is the collision time (usually 0.1s).In other words, the greater the mass of the high-altitude parabolic, the faster the speed, the stronger the impact.
From the perspective of clinical medicine, according to the experimental data put forward by People's Daily, a 30g egg thrown from the 4th floor is enough to smash a swollen bag on the top of a person's head. Throwing from the 18th floor is enough to smash a person's skull. Throwing from the 25th floor is enough to kill people.
四、The "Responsibility" of High-altitude Parabolic"
As far as civil liability is concerned, the act of high-altitude parabolic is a tort and should be liable for tort. The first paragraph of Article 1254 of the Civil Code stipulates that "throwing objects from buildings is prohibited. If an article is thrown from a building or an article falling from a building causes damage to others, the infringer shall bear the tort liability in accordance with the law; if it is difficult to determine the specific infringer after investigation, unless it can be proved that he is not the infringer, the user of the building who may cause the harm shall give compensation. The user of the building who may have caused the damage shall have the right to recover from the infringer after compensation." The second paragraph stipulates that "building managers such as property service enterprises shall take necessary safety measures to prevent the occurrence of the situations specified in the preceding paragraph; if they fail to take necessary safety measures, they shall bear the tort liability for failing to perform the safety guarantee obligations in accordance with the law." The third paragraph stipulates that "in the event of the circumstances specified in the first paragraph of this article, the public security and other organs shall promptly investigate and find out the responsible person in accordance with the law."
First of all, the article clarifies the subject of responsibility and the investigation organ of the high-altitude parabolic. The relevant responsible subjects include specific infringers, building users who may cause harm and building managers such as property service enterprises, and the competent investigation organs are public security and other organs. Secondly, the article clarifies the obligation of the responsible subject. When the specific infringer can be determined, it shall bear the tort liability according to law; when it is difficult to determine the specific infringer, the building user who may cause harm shall be compensated. It is worth mentioning that the article makes it clear that when the infringer cannot be identified, the user is liable for compensation rather than compensation or joint and several liability, and provides for the right of recourse. That is to say, the non-actual infringer who bears the responsibility of compensation only pays the relevant money in advance, not "bears the pot" for the actual infringer, and the actual infringer has to "pay the bill" on his own after all ". Then, the article added the responsibility of the property. Property managers and other managers shall bear the statutory safety guarantee obligations and take necessary measures to ensure high-altitude safety, otherwise they shall bear corresponding responsibilities in accordance with the provisions of Article 1,198 of the Civil Code. Finally, the article provides clear guidance for the difficulty of obtaining evidence in judicial practice. Due to the fact that there is a wide range of people involved in the case and the emotional conflict of the relevant personnel in practice, the public security organs can take certain criminal investigation means to intervene in the investigation to avoid the actual infringer's fishing in troubled waters.
As far as criminal responsibility is concerned, high-altitude parabolic behavior can threaten people's lives and property safety, and even endanger public safety. In addition to the above-mentioned crime of throwing objects from a height, the Opinions on Properly Hearing Cases of Throwing and Falling Objects from a Height in accordance with the Law also stipulates that deliberately throwing objects from a height has not caused serious consequences, but is sufficient to endanger public safety, in accordance with Article 114 of the Criminal Law Conviction and punishment for the crime of endangering public safety by dangerous means. According to the specific situation, high-altitude throwing can also be identified as the crime of intentional injury, intentional homicide, intentional destruction of property and the corresponding crime of negligence.
In May 2020, the Guangdong Provincial Higher People's Court issued ten typical cases involving high-altitude parabolic and falling objects in our province. The cases cover three major types of criminal, civil, and administrative, and reflect that courts at all levels give full play to the punishment, standardization and prevention functions of judicial trials, lead good social customs, and effectively safeguard the people's "safety above their heads". Here, combined with case retrieval and official website announcement, the author only makes a tabular list to give readers a brief summary and intuitive warning.
五、The "Prevention" of High-altitude Parabolic"
Preventing high-altitude parabolic will greatly reduce the possibility of accidents and establish a solid guarantee for the safety of overhead. From the perspective of the obligations of the parties to the high-altitude parabolic, the author puts forward the following points for attention:
Attention to pedestrians:1. Don't play with mobile phones when passing through high-rise buildings, and keep the field of vision; 2. It is better to stick to the wall and choose a safe route when passing through high-rise buildings; 3. Pay attention to the warning signs of throwing falling objects and detour if necessary; 4. Pay attention to the real-time weather and travel.
Attention to residents:1. Prohibit active parabolic; 2. Check the house regularly; 3. Purchase relevant insurance; 4. Properly manage the balcony; 5. Take care of the young.
Property Note:1. Set up safety warning signs; 2. Regularly check the outer body of the building wall; 3. Regularly check the balcony roof; 4. Timely clean up the outer suspension; 5. Configure multi-angle monitoring facilities; 6. Install protective net.
Patrick Geddes, the pioneer thinker of modern urban and regional planning theory in England, wrote in his book "Evolving Cities: An Introduction to Urban Planning and Urban Research", "Cities must no longer spread like ink stains and grease stains. Once they develop, they will open like flowers in a star shape, alternating with green leaves in the light."Shenzhen, a city blooming like summer flowers, as China's first special economic zone, a window for China's reform and opening up, and a new immigrant city, has created a" Shenzhen speed "that has attracted worldwide attention".We firmly believe that with the joint efforts of everyone, high-altitude throwing will surely reach zero hidden dangers and zero occurrences, and Shenzhen citizens will also create a safe and secure "Shenzhen high altitude" in the era of the Civil Code, so that Shenzhen will be in the process of building the rule of law across the country. Reach "Shenzhen height".
Introduction to the Author
