On The Cognizance Of The Duty Of Safeguard In Public Place

Speciality: LawResearch Direction:Civil LawAuthor: Ke Yah XueTutor:Processor Xu LiThe disputes happening in the public places aroused by the operators and managers violating the duty of safeguard are increasing everyday. However, whether the responsibility of the obligor is set up and how to decide the scope of the responsibility are all the while one controversial problem in the judicial practice. This article on the basis of the basic theory of the duty of safeguard, introduces the legislative and judicial cognizance of the duty of safeguard of both here and abroad, and analyses the limitation of them, and brings about the basic conception that how to apply the economic analysis method to decide the duty of safeguard in public place.Except preface and conclusion, the article can be divided into four chapters:Chapter one mainly introduces the basic theories of the duty of safeguard in public place, especially the meaning of the duty of safeguard and it's position and significance in the cognizance of tort liability in public place.Chapter two is about the legislation and practice of the duty of safeguard. The author introduces the legislation and practice of the duty of safeguard in overseas, the legislative development, actuality and legal practice in our country, and emphasizing analyses the legislative and judicial problems of the duty of safeguard existing in the our country. On the basis of the above, the author discusses the necessity and material range to apply the economic analysis method on the duty of safeguard.Chapter three mainly discusses the economic analysis method applied in judging the duty of safeguard, mainly involving three problems as follows: the first is the basic principles of the economic analysis method; the second is the principle of applying the economic analysis method to decide the duty of safeguard; the third is using cases to demonstrate the concrete application of the economic analysis method to decide the duty of safeguard.Chapter four mainly discusses the rationality and feasibility to apply the economic analysis method to decide the duty of safeguard, and brings about advices for some special vocations to establish the public liability insurance system.