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On The Liability For Violating Of Duty Of Safety-guard

Posted on:2007-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z F HuFull Text:PDF
GTID:2166360185465123Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
Liability for violating of duty of safety-guard is a new question that scholars have discussed in China. The Supreme People's Court promulgated the Interpretations of Certain Issues Concerning the Application of the Cognizance of Personal Damages in December 2003, which first regulated the liability for violating of duty of safety-guard. How to exactly understand and apply the liability for violating of duty of safety-guard is necessary to be thoroughly studied in theory. The article, through comparative research and combined with the fact of our country, makes an even more profound thinking of liability of violating of duty of safety-guard.The connotation of duty of safety-guard is that civil subject including natural person, artificial person and other organization shall fully fulfill his obligations of protecting special person's personal and property rights according to the law or the contract. He would be charged with the compensation if he did not fulfill heir obligations up to causing others with personal or property injury. The duty of safety-guard is only applicable to special fields, that is, only in the special law relationship the party is borne with the obligation of protecting other personal or property injury, such as engagement relationship, conveyance relationship and service relationship etc.All law systems are based on certain reasonable theories. The system of the liability for violating of duty of safety-guard also its nomological basis for becoming an important means of protecting the person's personal and property rights, which includes good faith principle, danger-control theory and benefit-risk theory.The article makes a comparative analysis of theories and system practice of liability for violating of duty of safety-guard between different countries, pointing out that the liability of tort is predominant in essence of the liability and the contract ability is subordinate, which can give the victim full protection. The means of getting the liability for violating for duty of safety-guard only into the tort law is not according with the intention of the system of the liability for violating of duty of safety-guard.The principle of the liability for violating of the duty of safety-guard includes fault...
Keywords/Search Tags:duty of safety-guard, liability for tort, principle of liability, constructive requirements, form of liability
PDF Full Text Request
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