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Research On The Safety-guard Duty Of Social Activities

Posted on:2008-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:X X ShenFull Text:PDF
GTID:2166360242979094Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Tort law faces new problems and challenges with the development of the society. Nowadays, one of the most important problems is that when the organizers who undertake social activities idle to take some reasonable actions, the persons suffering personal or property damages can not get the full and timely compensations. Aiming this issue and benefiting from others'researching experience , the author focuses on the safety-guard duty of"other social activities"besides business activities.There are four chapters besides Preface and Conclusions:Chapter one analyzes the current researches in china. First, the author clarifies the concept of safety-guard duty and related legislations in China, and then figures out the defects of our legislations, finally points out the importance of understanding and researching the safety-guard duty in"other social activities"besides business activities.All awareness and knowledge can be derived from comparison. The more you know the foreign laws, the better you understand the local laws. Therefore, in the second chapter, the author states the duty of safety-guard from the perspectives of comparative law. It tells us the similar regulations in German, France, Japan, England and American. Verifying that the safety-guard duty overseas has been extended to other social activities, but not limited to the field of business activities.Chapter three the author analyzes the theoretical basis, clarifies the necessity and reasonableness of the safety-guard duty by analyzing its background and academic basis.In the fourth chapter, after studying the characters, contents, scopes of the safety-guard duty, the author tries to establish some feasible criteria that can make the judgments of the safety-guard duty easier: predictability, controllability, seriousness of damages and so on. And intending to solve practical problems, the author analyzes the imputation of the safety-guard duty and discusses some difficult issues.The innovation of the thesis is as following: mainly choosing the safety-guard duty of"other social activities"that scholars are less concern about; comprehensive uses of various kinds of research methods, such as comparative analysis, empirical analysis, value analysis. In fact, the presentation of the safety-guard duty in other social activities is a rectification about the mistake of only paying attention to the safety-guard duty of business activities, and a chance for improving the safety-guard system in China.
Keywords/Search Tags:The Safety-guard Duty, Organizer, Risks Control
PDF Full Text Request
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