Security Obligations Study

The obligation of security breaks through the strict boundary of Tort Law and Contract Law, and fully embodies the interaction and penetration of the said two laws. In combination with judicial interpretation, this paper discusses and analyses the production, development and base theory of the obligation of security as well as the existing problems in judicial practice and legislation defects by means of comparative (study) method and demenstration analysis. In addition, this paper brings forward many legislation proposals on improving the obligation of security in China, to resolve the existing problems in judicial practice, and to use them for reference in further improving the legal system of the obligation of security in China. With exception to foreword and epilogue (conclusion), this paper comprises 5 chapters.Starting from the existing problems in judicial practice and the difference in theory of laws, the Foreword expatiates the theoretical and actual significances of studying the obligation of security.Commencing from the background to produce the different obligation of security in Romano-Germanic Civil Law Tradition and Anglo-American Common Tradition, Chapter â…  summarizes the existence and development conditions of the obligation of security under different traditions, analyzes and expounds the different background of the production and existence of the obligation of security under the aforesaid two traditions.Chapter â…¡ defines the concept of the obligation of security, further expounds the characteristics, contents and types of the obligation of security, explores the theoretical foundation of laws in five aspects and deepens the theoretical and practical significances of this paper.Chapter â…¢ takes comparative method as cut-in point to discuss the nature of law under the obligation of security. In combination with the viewpoint of Chinese scholars and thepractices of judicial circles, this Chapter points out that the nature of the obligation of security is mainly the tort in violation of the legally-prescribed obligation and exceptionally the contractually-prescribed obligation.Chapter IV carries out the theoretical and demonstration analysis of the components and liability-free causes in violation of the obligation of security. In this Chapter, the three-component constitutive theory and the fault assumption principles on the three components are determined. In addition, the pertinent problems of hearing this kind of cases are analyzed in judicial practices.Chapter V analyses the types of liability to be borne in the event of violation of the obligation of security, and focuses on the dissertatation of supplementary liability for compensation in accordance with the provisions of Article 6 in Interpretation of Many Problems of Applicable Laws in Connection with Hearing Personal Injury Compensation Case as issued by The Supreme People's Court.The conclusion (epilogue) defines the the theorical and practical significances of the obligation of security to be set and introduced into Chinese judicial practice, and expects the said system to distribute the social justice from the whole legal system and practical fields with a view to achieving the win-win results.