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On The Supplementary Responsibility Of The Safeguard Obligants

Posted on:2016-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:H W LiuFull Text:PDF
GTID:2206330461987602Subject:Law
Abstract/Summary:PDF Full Text Request
We are living in a right-oriented society, but the rights are always infringed so easily. Along with the rapid development of market economy as well as the speedy revolution of social rhythm, the issue about company operators violating the security obligation has sprung up to surface.In 2003, "The law applicable to a number of personal injury compensation case explanation" made clear provisions on the obligation of safety guarantee for the first time..On July 1st, 2010, the implementation of "tort liability law" for the first time in tort law clear the obligation of security provisions, and this provision is conducive to the improvement of our obligation of safety guarantee. However, the security obligations of nature, source of duty, responsibility of sharing, and rights recovery also caused widespread controversy among scholars. These problems lead to solve the security problem during legal practice on the application of law to produce uncertainty. Recent years, there were lots of discussion about whether the safety-protection obligator bear supplementary liability tort problem. Therefore, this article will gradually reveal veil of security obligations supplementary liability with case cited.Firstly, by introducing the basic facts and details for the shocking homicide case “God Almighty” happened in Mc Donald’s, it’s brings up four basic problems here: 1. Does the Mc Donald’s violate the duty of safeguard security? 2. What is the type of the Mc Donald’s liability or responsibility? 3. Should the Mc Donald’s responsible for the supplementary liability? 4. If the Mc Donald’s should be responsible for the supplementary liability, do they have the right of recourse ?Secondly, analyze the concept of the security guarantee obligations,subject scope,origin,nature,constitutive requirements,as well as the supplementary liability system definition and basic rules by the point of system specification,Then, with a comparative study, this article analyzed the continental law system and Anglo-American law system for the security obligation provisions in their respective countries, including Germany’s contacts in continental law system security obligations, France’s security obligations, Japan’s safety duty of care and the standard of good administrators in Anglo-American law system.Finally, combining with the facts of the case to analyze the controversial issues, list the in the defects and shortcomings of legislation. Therefore lead to the suggestions to improve. First, adopt the principle of presumption of fault, distribution of inversion of burden of proof. Second, waive the right of recourse after safety guarantee has responsible to the obligation supplement responsibility. Third, set a reasonable ratio for the parties who responding the supplementary liability.
Keywords/Search Tags:Security obligation, legislation perfect, Supplementary liability, Recovery right
PDF Full Text Request
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