Concerning Security Obligations

In recent years, with the fast development of Chinese economy, the relations between people or groups are much more complex. It has boosted the diversification for the social contradictions. Especially, more and more violations appear on civil field. Currently, there is a kind of judicial case in judicatory practice which hotels, malls, station, banks and other public service sites and some social activity places appeared some unsafe factors which cause the personal or property interests of others suffered violations. Civil law of China and the relevant laws and regulations is yet to make a provision for this. Owing to the lack of clear judgment basis, different trial authorities often will appear on the same case make a different decision phenomenon. The supreme people's court in 2003 promulgated a on the trial of cases on compensation for personal injury applicable law the explanation of some issues" for this (Hereinafter referred to as compensation for personal injury explanation). The explanation was first prescribed the concept of security obligations to deal with such case provides trial basis.2009 again of the NPC standing committee of the People's Republic of China by the tort liability law (Hereinafter referred to as the tort liability law). This was the first to use the legal form, confirmed that security obligations concept and further perfecting the interpretation of compensation for personal injury the security obligations system. Although the tort liability law and the damage compensate explanation "and other relevant laws and regulations about security obligations rules, in security obligations properties, main body and the provision of the respect such as the content is not specific to the judicial clear, brings many problems in practical operation. This article is about security obligations problems have been analyzed and discussed for those questions.This paper is divided into three parts:The first part of security obligations the concept, characteristics, nature, and expounds the theoretical foundation discussion. Security obligations are in reference to the general security on German law formed on the basis of duty of care. This paper compares the academic circle on the concept of opinion, several authorities and put forward their views. Then on to security obligations property and theoretical basis is discussed in this paper.The second part mainly discusses security obligations scope of subject and obligations range problems. This paper made a specific subject classification through using foreign laws on the subject of security obligations prescribed. Then according to the security obligations to the essence of range and taxpayer obligations range category are summarized.The third part mainly around the violation of security obligations of tort liability described in this paper. Breaches of security obligations of tort liability from the liabilities of the obligor type, bear the liability and responsibility imputation constitutive requirements and disclaimer aspects are discussed.