On Our Security Obligation

In recent years, encountered a number of trial practice in hotels, banks, hotels and other premises that violate security obligations, or may occur in a dangerous place, the preventive measures is not strong, causing damage to persons or property cases. There is no doubt that security has become an obligation of the disputes caused by the hot issues in today's society, one reason, in addition to people's legal consciousness and increasing awareness of rights, the most fundamental reason is that our security obligation on the System Defects. In view of this, China in December 2009 introduced the "Tort Liability Act," which Article 37 provides for security obligations, the introduction of this method of maintaining the interests of victims and perpetrators play a useful role in the relationships between the two balance, coordination can be contradictory, the establishment of an important contribution to the system of rights and obligations.In this paper, comparative analysis and empirical analysis, introduced several foreign countries more developed legal system and regional security system safeguards obligations, including the United Kingdom, the United States, Germany, France, Japan and Taiwan, and derive lessons. This article is divided into four chapters, aims to breach security of tort liability obligations to analyze the basic issues, while evaluation of the relevant legislation and make sound recommendations.The first chapter introduces the research background introduction significance, review and major research at home and abroad.The second chapter briefly introduces the concept of security obligations defined and attributes, the nature of the security obligations were introduced, and then the application of safeguards obligations are analyzed, followed by the obligation to clarify the safety and security of the main content.The third chapter foreign and security obligations Taiwan comparative study, a brief introduction in Germany, France, the Anglo-American law, Japan, and Taiwan's security safeguards obligations, and that our security obligation of RevelationThe chapter IV analyzes the security breach the obligation in the form, components, principle of the theory of imputation, the management of public places in a clear and organizers of social activities caused by neglect of duty related to public safety and security of person, property damage, tort Determined by the principle of presumption of fault liability, and for the newly published "Tort Liability Acf" third seventeen and Supreme People's Court to develop a "personal injury compensation cases on the trial of certain issues applicable to the interpretation of the law" the provisions of Article VI, of the violation of safety Safeguards obligations should bear responsibility for their own forms of liability, vicarious liability and additional responsibilities, with emphasis on additional liability.The chapter V presents a perfect legal system of safeguards obligations, is the core of the paper. China's current legislation on the draft Civil Code and the related assessment, and for "Tort Liability Act" 37 legislative proposals, the author recommended the use of combined general and type of the legislative model, safety and security obligations to determine the reasonable limits, increasing Security obligations in violation of moral damage compensation, liability insurance system established to further improve the safety and security obligations system.