Research On The Obligation Of Security

As Thomas Hobbes said: the security of people is the supreme law, the security of people means to guarantee the safety of people their properties, which are just the content of the obligation of security. There are various regulations related to the obligation of security in our country's legal system, such as the explicitly regulates the obligation of security for the first time, but the legislation related to this obligation is not perfect yet. As the cases involving the obligation of security has been on the yearly rise, this obligation has attracted the attention of more and more people, and the research on this subject has also increased gradually. However, most scholars, confined to the traditional legal theory of separating Contract Law with Tort Law, recognize the violation of security obligation as an action of tort and neglect the fact that modern Contract Law and Tort have mingled and infiltrated with each other to some extent. This dissertation tries to break the limitation between Contract Law and Tort Law and make some research on the obligation of security.This dissertation is composed of five chapters.The first chapter analyzes the legal characteristics, classification and theoretical foundation of security obligation from the aspect of its definition.Chapter Two illustrates the origin and principles of security obligation but also focus on the exception of security obligation.Chapter Three analyzes the normal and concrete standards of measuring security obligation, at the same time, specifying the principle of strict liability in the case of contract breach and principle of fault liability on condition of tort, distinguishing the forms of liability when infringing the obligation of security under different circumstances.Chapter Four introduces the general obligation of security care in Germany, the obligation de securete (obligation of security) in France, the obligation of security care in Japan, the general obligation of security in Taiwan region and the duty of care in British and American legal system, and on basis of this introduction, briefly comparing the theory of security obligation between the Anglo-American and Continental legal system.The last chapter focuses on the situation of security obligation in our country and proposes some individual suggestions to perfect our legislation in security obligation.In our judicial practices, the courts always make different judgments towards the infringement of security obligation due to the imperfection of legislation and the limitation of the theoretical research in this regard. As a result, the studies on the security obligation is of practical significance to the judgment of these cases and is also the maim purpose of this dissertation.