高空抛物侵权行为是指行为人从高层建筑上抛掷物品,致人损害的行为。因在实践中无法确定具体行为人,又无统一的法律依据,在理论界与实践中引起了热烈的讨论。本文通过对高空抛物行为特征的分析,就当前理论争议焦点进行深入研究,得出了该侵权行为的归责原则与责任承担方面的相应结论。认为高空抛物侵权行为应在侵权法中单独设立相关法条,并采用过错推定原则,将建筑物全体使用人推定为侵权行为人,承担连带责任,能证明自己无此行为的除外。 Parabolic high-altitude infringement refers to the actors throwing objects from high-rise buildings, causing damage to people’s behavior. Due to the fact that it is impossible to identify a specific actor in practice and there is no uniform legal basis, there has been heated discussion in theorists and practitioners. Through analyzing the characteristics of parabolic behavior at high altitudes, this dissertation makes an in-depth study on the current theoretical controversial issues and draws the corresponding conclusion on the principle of liability attribution and the responsibility assumption of the infringement. In the view of high palaeo-pail infringement, the relevant law should be established separately in tort law, and the principle of fault presumption should be adopted to presume the entire user of the building to be the tortfeasor, bear the joint and several liability, and prove that they did not do so.