A Few Questions About The Violation Of The Security Obligations Of Tort Liability

During recent years, in places of public participation activities, as operators, the organizers failed to take effective security measures to protect consumers or participants from serious personal injury. Operators, organizers breaching security obligations manifest non-performance. Firstly the author analyses theoretical foundation of the operators'safety and security obligations, combined with foreign theoretical study ,then the composition and responsibilities on the operators'safety and security obligations have been studied.Full-text is divided into four parts:Chapter I, Content and theoretical basis of safety and security obligations. First comprehensive analysis of representative views, I defined the content. Then I pointed out the character about the safety and security obligations. Through the elaboration of its meaning and character, I proposed theoretical basis on safety and security obligations.Chapter II, Composition of the safety and security obligations. It relates to the subject, object and content and so on. Defining the content we can know types and forms, determining the scope we can know the limits on responsibility.Chapter III, The nature and attribution principles about tort liability on breaching safety and security obligations. Firstly I defined the nature of tort liability on breaching safety and security obligations on the basis of cases in diffrent countries.Then I analyze attribution principles about tort liability on breaching safety and security obligations.Chapter IV, Infringement accountability on breaching safety and security obligations. Firstly under German law system, I analyze the constituent elements of tort liability on breaching safety and security obligations.Then I analyze the forms and exemptions of tort liability on breaching safety and security obligations.This paper makes innovative research mainly from the following aspects. First, Innovation of basic theory: From the safety and security obligations and the attendant obligations, the author intended to explore deeply the relationship between the theoretical basis for the safety and security obligations, firmly grasped the differences between the accompanying obligations and security obligations. Describing the accompanying obligations, I pointed out the close relationship between the protection obligations in the accompanying obligations and security obligations, thus I revealed the unique value of the accompanying obligations. Secondly, Innovation of research thinking: This article is based on German tort law, in-depth researching several well-known cases, and then in-depth analysing the development and changes about this system in German law, with a view to improve security obligation in china.