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Security Obligations And Responsibilities Study

Posted on:2008-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:L YiFull Text:PDF
GTID:2166360272467665Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, public places, guesthouses, schools, and other business activities or other social activities for breach of security obligations to consumers or other public personal and property damage to the interests of the growing dispute, but legal circles it contains safeguards obligations to the study less, on the issue theoretical study is not thorough enough, and legal norms fragmented. For operators and consumers interests of dynamic equilibrium and economic life of a fair and efficient value target, identify operators security obligations breadth and depth of the important starting point and guiding ideology.In this paper, the security obligations and liabilities of the relevant issues discussed, especially for security obligations added responsibility for a preliminary study. In a comparative analysis of national security obligations on the basis of, with the reality of our country right safeguards obligations with a new interpretation. The article pointed out in the relevant social activities related to the public for the personal and property security safeguards obligations, safeguards obligations is a fundamental obligation as a statutory obligation to determine more compatible with existing Chinese laws, and regulations established by the model, briefed the Security obligations primarily applicable in several areas. Meanwhile expounded provides security obligations of the legal basis and nature. Violation of its safeguards obligations the confirmation of civil responsibility types, causal relationship and accountability in areas such as a specific discussed. Finally, the third person involved in the security of people assume corresponding obligations supplementary liability for the full argumentation.Based on the previous studies, based on four parts safeguards obligations and its responsibilities were discussed. Studying ways, from legal theory, the master of informative material, based on theoretical analysis and empirical analysis, Analysis and extraterritorial jurisdiction analysis, static analysis and dynamic analysis, the general analysis of the case and the analysis of a combination of methods, to gradually launched an in-depth study in order to seek innovative and reasonable, it has a practical significance of the conclusions. In the content, the author believes that the development of China's tort law, be further from the civil law and common law in violation of its safeguards obligations violations of legislative experience, establish a sound legal rules so that the people's legitimate rights and interests can be better protected.
Keywords/Search Tags:security obligations, Causal relationship, Mental damages, Added responsibilities
PDF Full Text Request
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