On The Application Of The Law In Violating Safetyguards Obligations

In recent years, there exists much insecurity for consumer in management site, because operators and organizers have not applied their obligation in their reasonable boundary. For the new violations action, the sixth item has clearly ordained in "The Supreme People's Court hearing on the case of personal injury compensation law applicable to the interpretation of a number of issues". This law item about ensure-safety firstly has been established in China's law, so there has primary proof for tortuous-action in law aspect. However, this explanation of the legal safeguards obligations have not been given a special boundary, and there have not defined the provision about important document of tortuous-action so as to there exists great dispute when the law is been applied.The paper analyses a typical person damage compensate case about tortuous-action, and the author of this paper tries to apply some usable opinions for the imperfection theory of ensure-safety obligation and practice of judicatory trial through analysis so that the paper can apply some good advice for perfecting and establishing law about tortuous-action in future so as to perfectly protect people's legality rights. The paper includes introduction and test. The introduction has introduced the background and aim of this paper, and the test has included cases, case analysis, revelation.The Chapter I is case introduction. The paper choosed a reality ,strong representation and typical person damage compensate case about tortuous-action, and has bring forward ensure-safety obligation through analyzing this case..The Chapter II is case analysis. The paper has demonstrated the point of accuser and defendant through positivism in law. There has devised pretty view about the sixth item of "interpretation" of actual law system and appraised the applicability about the law item of this case.The Chapter III is case revelation. The author tries to apply some good advice for the actual theory of ensure-safety obligation and practice of judicatory trial through analysis so that the paper can apply some good advice for perfecting and establishing law about tortuous-action in future so as to perfectly protect people's legality rights.In a word, the paper hopes to apply some good advice for perfecting and establishing law about tortuous-action in future so as to perfectly protect people's legality rights.