Font Size: a A A

A Study On The Supplementary Liability Of The Safeguard Obligations

Posted on:2016-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:X F SiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The responsibility of the Security obligations is one of the complement tort liability.The purpose of it is the people who has the obligation to ensure the safety of others actors should take responsibility for others compromised when the rights of others are damaged by the third person. About the trial of cases on compensation for personal injury to explain some issues of applicable law(simplified as "interpretation") Article 6 in 2003 announced that the way of its legal responsibility. With the development of economy, the security cases occur frequently, which makes people get attention to the system, then "Tort Liability Act" Article 37 was issued in 2009 to combine with the "interpretation" as the basis, However, there are some related provisions different, and it’s also the controversial topic in the practice field theory, which makes lots of confusion in the judicial process and the application of the system judicial cases. The confuse of whether the person responsible for the obligation can recover the loss from the third person and the factors to judge it arose the most attention.With the analysis of the "interpretation" and "Tort Liability Act", there are advantages of the system of liability in affirming the safety and security obligations complement, we should also recognize the current situation that there are some deficiencies in legal theory and judicial practice.On the view of the legislative spirit and the practical requirements of this system, the relevant judicial interpretation need to be issued as soon as possible to solve such ambiguity, then reducing judicial confusion effectively. From the point of security obligations and safeguards obligations, the thesis analyzes the constituent elements of the system, puts forward its shortcomings, then concluded that it should be ensure the third person recover the amount of the compensation after the people who has the obligation to ensure the safety of others paid the compensation, then concluded the appropriate reference factors. with the concerns of security obligations and duties of man’s own fault to determine the limitation of compensation, which can avoid the excessive use of judicial practice and the problem that many different value judgments and interests measure can be seen in the similar cases.
Keywords/Search Tags:Security Obligations, Complementary Responsibilities, Recourse
PDF Full Text Request
Related items