released November 21, 2020
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Grandma Zeng wears a safety helmet to prevent from being hit by falling objects while gardening on a terrace in Wuhan, Hubei province. [Photo by XIAO HAO/FOR CHINA DAILY]
Legal professionals welcomed a new draft law that highlighted the prohibition of throwing objects from high-rise buildings, stating that those responsible for building management are urged to ensure construction safety.
The draft section of the civil code was submitted to the bimonthly session of the Standing Committee of the National People's Congress, China's top legislature, for third review on Thursday.
"Highlighting the prohibition and urging building management staff to shoulder the safety responsibilities, I think, are significant and necessary, especially after frequent cases this year where people were hit by falling objects," said Xu Hao, a Beijing lawyer from Jingshi Law Firm.
In June, for example, a 10-year-old girl in Nanjing, Jiangsu province, was injured by objects thrown by another child from a building, and earlier that month a 20th-floor apartment window in Guangdong province fell on the head of a 5-year-old boy who was on the way to kindergarten with his mother.
The girl in Nanjing is in stable condition after being hospitalized, but the boy in Guangdong died.
"The Guangdong case shows how important it is for building management staff to enhance awareness of the need to improve building safety," Xu said, suggesting they develop regular security checks or patrols to curb risks caused by aging windows or walls.
If a person is injured by falling objects thrown from a building, the person who threw the object will be held accountable and pay compensation to the victims, the draft said.
But if investigators cannot figure out who threw the objects, all residents living in apartments from which the object could have been thrown will be required to compensate the injured. Those who can prove they are not responsible will be excluded from paying compensation, the draft added.
In addition, someone who throws an object that injures another person may face criminal liability, according to Peng Xinlin, a law professor at Beijing Normal University.
"Finding out who threw an object is sometimes difficult in reality, although some buildings now have cameras," the lawyer Xu said. "But a joint force from law enforcement departments, such as public security bureaus and community committees, should still be advocated, and people's legal awareness should also be enhanced."
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