Study On Obligation Of Individual Safeguard And Security

The author doesn' t agree to the conmen statement of statutory obligation or assume obligations in proportion to his proper share of the debt, but to obligation in German Civil code or Anglo-American Legal System. It is the product of "formulating by the judge" which is formulated by the judge, according to the obligation summarized by the judge during the course of judge. The connotation and type of the obligations should be substantiated and consummated by the practice of the judge. The reasonable limitation of OLSS should be considered by several aspects as follows, whether it is advantageous, the origin of the risk and damage, the cost of preventing and controlling the risk and damage, emotion of the people and so on. During the elementary socialism, liability with negligence doesn' t protect the victims very well, joint and several obligation or supplementary liability is too harsh to the people of OLSS. In the author' s opinion, liability for wrongs when injured directly and additional compensation liability when injured by the other is quiet equal to the both sides. A new study for the jurists is how to deal with the relation of the organizers, managers and victims, finding out the balance point. In the process of constructing the harmonious society, a most important method of preventing or dealing with public damages is to develop public liability insurance. The government should make good use of the public liability insurance in scattering and dissolving damages.