Research On Safety-guard Duty

The development of society and advancement of science is accompanied by the increase of unsafe factors in social transactions, which is responded by the formulation of safety-guard duty in different countries in order to realize the better legal respect for the life of man as well as its property, namely the lawful rights and interests of the victims.Safety-guard duty was initially regulated in P.R.C in 2003 by the 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 incorporated into laws in the 2009 Tort Liability Law. And yet not only are the inner meanings behind the safety-guard duty beyond the coverage of existing legal article, but also further discussions on the sphere of safety-guard duty and the duties of the liable party are needed. Furthermore, bounded by the existing legal article, some victims fail to get their due protections in the practice of law.Based upon the safety-guard duty theory, the thesis gives a thorough review and analysis of the institution through comparative and analytical methods, which is followed by the author's humble suggestions on how to make progresses possible.The whole content following the preface is divided into four parts.Part One is a summary of the basic matters including the concept, nature, theoretical basis and the main meaning of safety-guard duty, the author's understanding on the conflicting theoretical views and safety-guard duty as a whole is also included.Part Two discusses the developing trend of safety-guard duty from a comparative view.Part Three analyzes the tort violating safety-guard duty, including principles on how to distribute the liabilities, the constituent elements and forms of safety-guard duty, the key of which is how to fix the cause and effect relation between the tort and the damage with relevant rules flexibly.The final part reviews Article 37 of the Tort Liability law and gives suggestions on how to improve China's law in terms of safety-guard duty.