Research On The Obligation Of Security

In recent years,there are lots of damage of the personal and property rights in public places,such as hotels,amusement site,restaurant,trains,banking and other business operations or other social activities site.The obligation of security becomes the central issue in the field of tort law and gives rise to many disputes.Whereas,the study and discussions on the theories of the security obligation are comparatively few,and the relevant legal provisions are scattered.Because there isn't any united law or rule to direct,the judge is short of rule to verdict generally when facing the problems like proper to settle the duty, damage compensation like others.Those factors affect the judge to decide correctly and timely because the different understand to the cases,and lead to different judge results for the same type of case.With the appearing Interpretation of Many Problems of Applicable Laws in Connection with Hearing Personal Injury Compensation Case as issued by The Supreme People's Court,it has filled the blank to the tort law and provided theory basis for legal enforcement which is to regulate and integrates the case of violation the security obligation.But this interpretation isn't enough to demonstrate the obligation of security. There is lots of divergence in theoretical field with the obligation of security,so to make a systematic study on the obligation of security is urgent.Because the security obligator has superiority to the consumers,the security obligator is able to prevent the damages.To seek the dynamic interest balance between the security obligator and consumers and to realize justice and efficiency,we must take the principle of benefit balance as starting point to define the concept of the obligation of security,the nature,settle the content of law and the judge standard and set up the legal obligation of the security obligation.So we must think about the present situation of legislation and judicial practice in China and learn from other countries` successful experience.We must analyze the legislative mode of the security obligation and arrange the position of the obligation of security under the future Tort Law.And we have to propose and adopt the dual-legislation mode of generalization and classification of the obligation of security and further classify the types of the obligation of security in order to bring more rights into the scope of the security obligation.Furthermore,we should propose the idea that classifies the types of all tort action with the duty principles.We must continue to enlarge the applicable range of the security obligation and expand the scope to protect to the personal and property rights.To establish the fault assumption principles and the supplementary liability clearly and fix suite subjects under various conditions in order to realize the victim's damage claims.This paper puts forward some feasible legislative advices to improve the legislative design of the security obligation and form the united systematic rule of the security duty.Those advices in order to effectively prevent happening of tort violating the security duty and to rationally transfer and distribute the damage can provide the victim with fair,reasonable and sufficient remedy.