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罗马法通过准私犯性质的倒泼物或投掷物致害责任对高空抛掷物行为作出了规范,它将高空抛掷物行为视为一种关涉公众利益的行为,从实体法与程序法上对此进行严格的规制。近现代国家民法典对此有选择地承继之,多数国家通过解释适用建筑物的整体责任、过错一般条款、监管责任来处理此类纠纷,亦有国家直接就高空不明抛掷物侵权作出了规范。我国《侵权责任法》第87条秉承罗马法之精神,并对其规定加以改进,要求可能加害的建筑物使用人对受害人承担补偿责任。该条虽为进步之举,但未对补偿责任的内部责任份额分担作出明确规定,因果型比例责任理论可用以解决这一难题。
The Roman law regulates the behavior of objects thrown at high altitudes through the responsibility of quasi- prisoners or thrown objects. It considers the acts of objects at height as an act of public interest. From substantive and procedural laws, This is strictly regulated. In modern countries, the Civil Code selectively carries over this. Most countries deal with such disputes by explaining the overall responsibility of applicable buildings, the general provisions on fault, and their regulatory responsibilities. Some countries have also directly regulated the infringement of high-altitude unknown throwers. Article 87 of China’s Tort Liability Act upholds the spirit of Roman law and improves its regulations, requiring the users of buildings that may be harmed to take the responsibility of compensating the victims. Although this article is an improvement, it does not make any clear stipulation on the share of the internal responsibility for compensation. The theory of causality can be used to solve this problem.