Social Host's Security Guarantee Obligation

China is a nation valuing human relation. No matter in the macroscopic aspect as the booming development of commercial subjects or in the microscopic aspect as the civil social life, all involve the participation of wine culture. Nevertheless, "drinking" is a double-edged sword; it brings economic benefits and contributes to the development of relationship on the one hand, while buries a lot of potential safe hazards in social life on the other hand. How to prevent the frequent occurrence of tragedies from root and make mellow wine become a true delicacy adding to the fun is the original intention of the discussions on social host's security guarantee obligation in this thesis. Both Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury and the Tort Law, promulgated on December 2009, all define the legal obligation of security guarantee rather vaguely, resulting in the uncertainty in law application. Social host's security guarantee obligation is also the focus issue of the uncertainty in law application. This thesis will start from exploring the composition, theoretical basis and legal responsibility of social host's security guarantee obligation for drinking guest; and thus it puts forward the application of social host's security guarantee obligation for drinking guest and the legislative proposal for establishing a uniformed security guarantee obligation system in our country.The first part mainly introduces the constitution of security guarantee obligation that social host should undertake for drinking guest, including the elaboration of the subject, object and contents of obligation. The contents of social host's security guarantee obligation are to ensure drinking guest's security and ensure drinking guest wouldn't be harmed by a third party.The second part mainly introduces the theoretical basis for social host to fulfill security guarantee obligation, and the details include the theory of paying for benefits, the theory of reasonable reliance, the theory of first action obligations and the theory of saving social gross cost.The third part mainly elaborates social host' responsibilities for breaching security guarantee obligation, the principle of applicable fault liability for social host' responsibilities for breaching security guarantee obligation, and the principle of applicable default presumption in attesting "default". The constitutive requirements of the act of tort that social host breaches security guarantee obligation is that the social host fails to fulfill security guarantee obligation, drinking guest is harmed or harms a third party. Failure in fulfilling security guarantee obligation and the fact of harm are cause and effect and social host has fault subjectively. Social host shall fulfill security guarantee obligation in compliance with "reasonable person" standard, and at the same time, the shares of harm results undertaken by social host and drinking guest shall make a distinction between primary and secondary responsibilities based on specific situations.The fourth part elaborates the present legislation condition and improvement suggestions for social host's fulfillment of security guarantee obligation in our country and the stipulations in the laws of our country didn't definitely embody that it is a general provision of Tort Law for security guarantee obligation, and it plays an important role as the most basic provisions for guaranteeing human life, property security in the most intensive sense. However, the legislation basis for social host's security guarantee obligation for drink guest, one of the general security attention obligations, still in an indefinite state which goes against the real intention of legislation. Secondly, in order to solve several problems of security guarantee obligation in application, the thesis particularly analyzes the legal nature and substantial contents of security guarantee obligation (i.e. the person who causes danger to others due to social contact or social intercourse activities, shall pay reasonable attention to such dangers and take necessary measures to remove or prevent such danger and adopt salvation and other measures after dangers occurred in order to prevent the further expansion of harm), and thus it puts forward the application of social host's security guarantee obligation for drinking guest and the legislative proposal for establishing a uniformed security guarantee obligation system.