Study On The Obligation Of Security

"Human safety is the supreme law". Human need for security is the basis, and aprerequisite, which enables them to get together into societal communities to live andreproduce. To materialize such a need for security, they seem to be endowed withkinds of intuitions to lead their life according to certain regulations, without which asense of insecurity will arise. With the development of economy, the cases about theobligation of security in places of marketplaces, hotels, restaurants and so onhappened frequently. The Supreme People's Court promulgated a judicialinterpretation in 2004 and it provides the basis of adjudicating such cases. But this isjust the beginning of researching the discussion, there are so many questions needingfurther research. The author uses the comparative and positive method to discuss thetheoretical foundation of laws, the concept, the contents, the nature, the form ofliability of the case about the obligation of security and the act violating the obligationof the security and hopes it will be helpful for the perfection of the system of theobligation of security. This thesis falls into four part.The author states the obligation of security from the perspectives of comparativelaw. The more you know the foreign laws, the better you understand the local laws. It tells us the similar regulations in German, France, Japan, England, America and China.Learning the difference is good for our mastering.Focused on a generalization of China's obligation of security, firstly, chapter twodelineates mainly about such aspects as theoretical foundation of laws, the concept,the contents. Secondly this thesis discusses the nature of the obligation of security. Isit the obligation of contract or tort law? Then the author makes clear the nature of theobligation of security. The obligation of security is not only obligation of contract butalso for tort law.Chapter three firstly discusses the constitutive requirements of the tortsdisobeying the duty, including fault and causation, at the same time it illuminates theduty is important when judging the torts. And then the author expounds thecharacteristics of violating the obligation of security in contract.The fourth chapter relates to liability forms in the event of violation of obligationof security. It can be divided into direct or supplemental liability. The author pointsout the characteristic of the supplemental liability. This thesis tries to make anaccurate definition of supplementary liability by comparing it with unreal joint andseveral liability, several liability.