A Theoretical Analysis On Safety Obligation

Disputes on the damage of property rights and personal safety of the consumers and the general public when safety regulations are violated in the managing places have been on rise daily, all law suites of these kinds are related to the businesses'safety obligations.Legal safety obligation is the extension of the range of consumer rights protection, which expands from the safety of consumption good to the safety of consumption environment; this is a big progress in the conception of consumer right protection; such changes comply with the trend of legal thought to protect the underprivileged, pursue social justice. Many countries of the world have legal safety obligations; they only differ in the terms called. This thesis references regulations of insurance obligation in different countries, tracing the history of insurance regulation and analyzes relevant theories of insurance obligation from three aspects. By reviewing our country's legislation on insurance obligation, this thesis points out certain aspects to perfect in. This thesis targets at the deficiency in the legislation of insurance obligations and contractions in judicial practice; based on the analysis of the relevant theories of insurance obligation formation and the effect on the society as a whole, it expounds the major components of insurance obligation formation and the principles of regulation. The aim of the thesis is to find the solution of defining the extent to which operators are liable to insurance obligations in judicial practice. This thesis is divided into three parts.Part one gives to the study of comparative law and legal principle base of insurance obligation. Based on the analysis of insurance obligation regulations in laws of several other countries, the areas of imperfection in our country's legislation in this respect are stated. In Germany, the regulation on insurance obligation is the outcome of judge making law. The German court is the first to get concerned with insurance obligation in the famous linen carpet law case, German tort law "owing to law of torts , so-called public activities safety happened paying attention to duty, but have being engaged in the duty being bound to accomplish". That France has modeled after safety duty has been by the fact that the judiciary comes to be created by, be for aggrieved party in protecting an industrial accident long ago, most has expanded the range suitable for use henceforth unceasingly, and has ascertained this ultimately equally in all contracts to reason with kind. In Japan, the duty of safety duty paying attention (i.e. the safety matches concern duty) is formed as the accompanying obligation of the legal relation; it is the duty of interested party under the principle of honesty and creditability. In UK-US law, similar regulation is that land benefit occupies people's responsibility. The insurance duty legal principle basis is: the operator's gains avails sum bears consistent principle of risk; it is the requirement of minimizing social cost that the operator bear the insurance obligation in managing places; it is the return of the conception of equality.Part two is on the source of insurance obligation, its contents and the main range. On the basis of analyzing the insurance duty legal principle, the source of the insurance obligation system is summed up: One, the limitation of the obligation attaching to the contract is not in favor of the protection of the underprivileged consumers, is to rise for general duty position , becomes the direct duty stipulating that legally. The law regulation is main insurance duty source therefore. Secondly, the contract convention is also one of insurance duty source. Responsibility appears on competing to close time , principle adopts "to allow to compete to jointly draw choosing asking right a pattern " in the both. The duty content includes insurance: Duty that danger once, takes precautions against; Two, dangerous eliminating duty; Three, help duty in danger. The content setting forth insurance duty, makes an operator understand self responsibility more. The safety the main body of a book has been summed up then ensures duty duty main body and a subject of right. And method of work in drawing USA and United Kingdom law of torts, with entrance manage the lieu people divides into four kinds , handle and carry out right away more easy to give to operator and public activities organizer respectively with different insurance duty.Part III is that the responsibility violating insurance duty bears it. On the basis that two parts analyse before the main body of a book to insurance duty theory, bearing it setting forth responsibility finally , the priority part being also article. "The Rights and Interests of consumers protects " the imputation first, violating insurance duty, takes society as one's own post , tilts to the consumer , gives priority to protecting the weak. "Eliminating the law " main part adjusting a marriage partner still is an operator and consumer being the equal main body but, the incline protection to the consumer does not imply rational need and benefit being able to treat an operator with indifference ", is more important than the win-win " result preserving right simplely. The imputation violating insurance duty therefore is proper adopt fault deduce that. The tort responsibility secondly, violating insurance duty composes important condition. Only when under making the premise composing important condition's clear,the responsibility ascertaining an operator bears ability. Insurance duty formation important condition has: One, behavior people the behavior having been put into effect violating insurance duty, includes action and is not two kinds way. Two, shoulders the relative people who has insurance duty suffering damage. Three, have a causal relationship between the behavior damaging fact and violating insurance duty. Damage fact to person , ought to apply to the causal relationship suitable as judging a standard, violate insurance duty behavior is occurrence's appropriate condition for damaging fact , is the important condition composing a causal relationship , ought to undertake tort responsibility to owing damage fact. Damage fact to property , be to ought to judge a standard with direct causal relationship action, when the behavior violating insurance duty is occurrence cause damaging fact, ability composes tort responsibility. Four, violate the insurance duty behavior behavior people having fault. Violate fault of insurance duty tort responsibility suitable for use deduces principle , the fault certificate puts conversion of onus probandi into practice therefore.Once again, safety ensures obligor's relief origin of an incident , includes: Aggrieved party fault and the aggrieved party say yes. Violate the insurance duty responsibility form finally. The operator or the responsibility exercising organizer's tort may be three kinds mark: Direct responsibility, replaces responsibility and supplements responsibility. The consequence that direct responsibility , damage brought about by behavior and property being that the illegal activities people is put into effect to self damage bears the tort responsibility form by self. And violating the concrete insurance duty behavior people is an operator or society exercises organizer's staff member or employee if the operator or the public activities organizer is a corporation or an employer,the law according with employer responsibility requires that the operator or the public activities organizer replaces responsibility then, as a result of bearing it. Supplement responsibility among them being keeping watch one party who stops delict from violating insurance duty undertaking compensation for damages responsibility in the delict violating insurance duty. Supplementing the responsibility extent of compensation is a complement's. Whose extent of compensation size , the size depends on the direct responsibility people undertakes liability for damages. The direct responsibility people pays for deficiency , replenishes responsibility with the liability for damages that person bears to be whose insufficient section; The direct responsibility people can not pay for , replenish the liability for damages that the responsibility people bears with all responsibility being to be able to not pay for.