Study Of Tort Liability For Breach Of Security Obligations

With the prompt development of economy and the enhancement of the consciousness of safeguarding the right,the cases about the obligation of security happened fiequently.Because Ihere is no unified law to follow, the court decisions were different and it ruined the unity of the judicature.The Supreme People's Court promulgated a judicial interpretation in 2004 and it provided the basis of adjudicating such cases.But this is just the beginning of researching the discussion ,there are so many questions needing further research.The author uses the comparative and positive methods to discuss the birth,the concept,the quality,the contents,and the principle of the liability of the case about the obligation of security and hopes it will be helpful for the perfection of the system of the obligation of security and be helpfull for the future civil code.There are four sections besides preface.The preface mainly expounds the objective of selecting the question to study.Deeply researching the obligation of security is the urgent need of our present legislation and practice of judicature.The first section is the origin of the obligation of security.The author holds that the obligation of security on our county is come from the obligation of security in common legal system and continental legal system.Under the base of a comparative analysis between the domestic and the abroad obligation of security,the author discusses the concept and the scope of the obligation of security and holds that we should expand the applicable scope of the obligation of security in our country.The second section is the theoretical analysis of the obligation of security.Firstly,the author discusses the basis of the obligation of security and puts forward that there are four basic theories.Then,the author criticizes some opinions of other scholars on this pointSecondly,the author analyzes the legal nature of the obligation of security and holds that it should be regarded as the legal duty to amply protect the victirnAt last,the author talks over the contents of the obligation...