Research On Safety Guarantee Obligation

The Safety Guarantee Obligation is the essential attendance and the protection duty which the operator and organizers and the superintendents of other social activities gives to the personal and property safety of the closely related customers or activity participants. This obligation is a foundational obligation, and whether there is contract relationship between them does not make this obligation's premise, and it is a legal obligation. Its content includes the safety guarantee obligation on facility equipment aspect, the obligation of equipping qualified staff, the safety guarantee obligation on service management aspect and the obligation of preventing torts.From the theory of consistent income and risk, the dangerous responsibility theory, the economical social total cost theory, the company's social responsibility theory, essence equality idea of the civil law and faith relation theory, we can all find out the existence basis of the safety guarantee obligation. Therefore, although various countries have very big disparity on such aspects as the safety guarantee obligation's concept acceptance, the voluntary scope, the nature understanding and the responsibility determining, and so on, they all acknowledge the existence of the safety guarantee obligation without exception, even if some country does not stipulate in legislation (such as Japan), the judicial practice also approves the safety guarantee obligation. But the development of the safety guarantee obligation actually was a developing process from the spot to the surface, and in its developing process, various typical cases played a stronger impetus role.The doctrine of liability for wrong considers the bilateral litigants's strong or weak ability of presenting evidence, and is advantageous to the prevention of danger, to saving the cost and enhances the effectiveness, and it should be the general responsibility doctrine of violating the safety guarantee obligation. The determining of safety guarantee obligation scope must comprehensively consider the type of the activity, the nature of the activity, the origin of the risk or harm behaviour, the cost of preventing and controlling risk or harm and common social concept, and so on. Int situation without the third part's involvement, the safety guarantee obligation part should undertake the direct responsibility when he has not taken the safety guarantee obligation; when the third part implements positively violate behavior, the safety guarantee obligation part should undertake some limited supplement responsibility.