Safeguard Obligations In Reality Perspective

Since the industrial revolution, great changes in all aspects of society have taken place. Such huge changes also bring more incalculable risk when generating huge profits, in which some of the special and no conducted by legal risks mainly adjust by the safeguard obligations. However, security obligations established in china are relatively late and the theory is not quite complete. So there are many difficult problems debated in theorists. At the same time, many imperfections are existed in legislation on safeguard obligations which results in lacking provisions for judges and being difficult to operate some laws. To solve these problems, the thesis gave an analysis for some important issues in the field of security obligations under the analysis of typical examples in real life. And based on the current legislative situation, it focused on the duty in breaching safeguard obligations and proposed legislation proposals in safeguard obligations of our country.The first part in thesis mainly discussed the basic theory of safeguard obligations including the concept and nature of safeguard obligations, the features of safeguard obligations and the theoretical basis of safeguard obligations.The second part is the discussion for safeguard obligations in reality perspective in which the most important and common area is service area. Campus safety is the focus of attention most people pay. So, school safety and security obligations are also a focus of discussion. With the development of real estate, a new industry– management property rises. There are many urgent need for improvement of its safeguard obligations which also was introduced in thesis.《the Explanation of personal damages trial of the case law applicable to certain issues》is the most often used law, in which the sixth article refers to reasonable limits. Because it has not a common standard, there was a discussion about reasonable limits standard and obligation reasonable boundaries in the third part of thesis ,and proposed to develop a uniform application standard for the obligor to comply with the safety standard to standardize their prevention and relief work of safety and for providing an evaluation basis for judges.The fourth part of the thesis discussed the responsibility when breaching safeguard obligations, in which supplementary responsibility is the most key responsibility. So in the thesis there was a detailed discussion on supplementary responsibility including its concept, character and discrimination with the responsibility of similar form. The thesis also discussed the key components of breaching safeguard obligations and in which situations the one can avoid responsibility including irresistible natural factors, the victim agreeing to bear the damage voluntarily, and the damage caused by the victim's own faultFinally, the author listed the regulations of safeguard obligations scattered in various laws , summed up the disadvantages on the law of safeguard obligations and proposed a number of recommendations to improve the law of safeguard obligations.