Study On The Safety-guard Duty

Safety is the premise for human existence and development. Implementation and safeguard of social security is one of the basic legal duties and value-seeking. It is through laws to provide certain subjects with the specific duty of care and corresponding responsibility to ensure social public security and personal life and property unviolated, which has become the primary task and target for a legal state. The current outstanding problem is that people, who engage in some business activities or delay in social activities without taking reasonable precautions, suffer from personal or property damages but cannot achieve the entire compensations timely. There is no imputation basis for the compensation in such large number of cases of nonfeasance. Regulations relating to the torts of nonfeasance made by certain subjects can be found in General Principles of the Civil Law , judicial interpretation and the Torts law of the People's Republic of China. That is the security duty in our country. Aiming at this issue, the judges from different countries establish obligations of the positive action as a legal duty which is used to protect other citizens'personal and property security.Verkehrspflichten in German law is based on the spirit of risk control and the law prevents the risk of communication security through exert active duty on the people who might threat others'legal rights. Therefore many torts of nonfeasance get imputation basis. The duty of care in Anglo-American law contacts and the obligations of communication security illustrates the same problems--safety obligations. Especially the establishment of definition of active obligations contributes to a specific criteria about safety obligation to communication. Anglo-American law established the protective obligation in a special relationship through cases and the statute laws. It is can be said that obligations of communication security in Anglo-American tort law are detailed specifically. It is considered there is a fault if the behavior of corresponding obligations cannot be satisfied.In this paper the author analyses the system of security obligations in China after demonstrating the Verkehrspflichten in Germen law and the reasonable duty of care in Anglo-American law. The innovation of this essay lies in the comparison of the different background of obligations of communication security in Germen and Anglo-American, lies in the detailed suggestions relating to the application of obligations of communication security in China, and lies in the analyze of the reasons that the theories of the existing two different legal system can be used as reference in our country.Obligations of communication security have been developed by mature legal country after years of practice. It is also extremely strong inclusive and practicable theory of tort law. Aiming at the blank of Chinese laws and regulations in the obligations of communication security, the paper is intended to provide theory of transplant of the Germen laws and Anglo-American laws in our region for China, and to contribute my little effort to the establishment of the system of tort law and thinking of tort law in China.