On The Duty Of Safeguard

Aiming at the increasing damage compensation cases, occuring in prosecution places such as marketplaces, hotels, restaurants and so on and some other public places in judicial practice, the sixth entry of judicial interpretation about hearing person damage compensation cases and applying laws passed by the Suprem Court regulates the duty of safeguard for security of proprietors and some other persons, artificial persons and organizations doing other socil activities. It provides the basis of right of claim on torts for interrelated public including consumers. The duty of safeguard for security originates theoretically from the duty of safety care in German laws, and they are same on character and function terms. However, because of the limitation of the obligation range, we must discuss the tort occuring in prosecution places and other public places when we study the duty. Combining the sixth entry, the thesis discusses some theoretical problems about the duty of safeguard for security, in order to do my best to give profound understanding about the duty and comprehensive analysis about the law applying.The thesis comprises three parts. Preface simply introduces the backgroud of the sixth entry of interpretation, and brings about the topic of the thesis. The text comprises four parts. Chapter One is summarization. Firstly introduces the definition and content of the duty of safeguard for security, that is to present the duty from the extension and intension, and then introduces the theory origin of the duty of safeguard for security, that is duty of safety care in German laws, so as to help us to understand the engendering of the duty of safeguard for security and the sixth entry. Chapter Two discusses the character and doctrina gist of the duty of safeguard for security. Firstly contraposing the disputing character, it illuminates that the duty is legal duty, then analyses the duty's doctrina gist. Chapter Three discusses the constitutive requirements of the torts disobeying the duty, including fault and causation, at the same time it illuminates the duty is important when judging the torts.Chapter Four analyses the liability of disobeying the duty,especially the complementary liability.Epilogue values the significance of regulating the duty of safeguard for security,and looks forward the way of the development of the theory,and shows defects of the thesis.