The Saseby-guard Duty

In the new century, talking about crisis is still the vogue of academic circles. On the other side, "crisis"also means "opportunity", and at least, it provides topic and space for our researching task. Tort Law faces the crisis coming from the renewal of liability without fault, the expansion of Contract Law, insurance system and social security, etc. Under this background, the duty of safety-guard is put on the agenda. Benefitting from others'researching experience, the author divides the article into five parts to discuss the system. The more you know the foreign laws, the better you understand the local laws. And without the philosophy, the law will become meaningless. Therefore, in the first part, the author states the duty of safety-guard from the perspectives of comparative law and legal philosophy. It tells us the similar regulations in German, France, Japan, England, America and China. Learning the differences is good for our mastering. Law is the combination of justice and order. It stands for freedom, equal and safe. Intentionally or not, the value of safe is neglected for a long time, but it actually plays a significant role. The author then introduces the significant value of safe. From the second part, the author discusses this duty in the area of Tort Law. Theoretical foundation, sources, necessities and judging standers of safety-guard duty are the content of Part Two. Among them, the necessities are linked with the theory of unlawfulness and the demands of judgement. To make the judgement easier, several standers are presented. Entering the liability stage, the author states the nature of safety-guard duty, the principle of liability and the relation of cause and effect in the third part. The liabilities are different in different situations. When the damage is caused by other person, this kind of liability is unreal joint-liability, and the article make some suggestions for current regulations. This part also makes some statements on the kinds and limits of liability. In the fourth part, the author makes some comparisons between safety-guard duty and some liabilities for tort, duty of care, duty of contract and unreal joint-liability, etc. In the last part, this article introduces some typical safety-guard duties in trading, athletics, campus, transportation and realty management. And intending to solve practical problems, the author discusses the application scope, the coincidence of liability and the escape of liability.