On Duty Of Safeguard

The safety of human being is the sovereign law. Safety is fundament of survival and development of human beings, and also the important mission and value of law. In realism society, following the daily more human activity and continuous economy development, our person and belong safety are often threatened by the dangerous coursed from various indefinite reasons. Aiming at the increasing accidents occurring in prosecution places such as marketplaces, hotels, restaurants and so on in judicial practice, the Supreme People's Court passed the at 2003-12-4. The six entry of the explanation which has regulated to the obligation range and responsibility limit of the security follows the achievements of research and the experience of practice from the civil law and regulates the person damage compensate responsibility of undoing one's duty . It has established the regulations to deal with this kind of the cases. Also it has especially embodied the human first value tenet of the modern judicature. Because this problem is just studied in our country legislation, same aspects should be improved.There are eight sections besides preface.The preface mainly expounds the objective of selecting the question to study. Deeply researching the duty of safeguard is the urgent need of our present legislation and practice of judicature.In the fist section, the author researches the formation and development of the duty of safeguard in the perspective of history and comparative jurisprudence. The author also puts forward the definition of the duty of safeguard.In second section,the author discusses the basis of the duty of safeguard and puts forward that there are six basic theories.In the third section, the author investigates subject of rights duties and content of the duty of safeguard.In the forth section, the author analyzes the legal nature of the duty of safeguard.In the fifth section, the author discusses the doctrine of liability fixation about the cases of violating the duty of safeguard and holds that doctrine of presumptive wrongs should be suit for such cases.In the sixth section, the author insists on the theory of four elements of liability for tort, and deeply analyzes fault and causation.In the seventh section,the author relates specifically to liability forms in the event of violation of the duty of safeguard which can be divided into direct or supplemental liability. And the author raises doubts about supplemental liability which shouid be taken place by joint liability.In the end, the author puts forward some constructive legislative proposals. Meanwhile, there is finally in this part an outlook on the future of China's development in the duty of safeguard.