On Security Obligations

Nucleus of article is analysis of duty of safe guarantee. Author expounded producing and developing of duty of safe guarantee. Think nature of the duty is legal duty, not behavior in tort. Violating the duty and causing harm to victim constitute tort. Duty people should undertake the responsibility of compensation, article definited content and scope of safe duty. The principle of responsibility is fault deduction, according to different violation of obligation. Separately undertake responsibility of compensation or not true involved responsibility.The paper can be divided into four parts.Part one introduced producing and developing of duty of safe guarantee, analyzed nature of the duty from subsidiary responsibility's angle of the contract, thinked safe guarantee duty was legal duty, not behavior in tort, and listed origin of safe duty: stipulation of law; contract agreement; honest request and previous behavior of actor.Part two explored theory foundation of emergence of safe guarantee responsibility from angle of Sociology and economics. Sociology theory foundation have conception of safeguard human rights; honesty credit principle; trust principle; economics-theory and cost economization theory.Part three analyzed scope of safeguard right man. Pointed out premise of safeguard obligation is special relation between concerned person and analyzed content of obligation, include manage obligation of oneself thing; manage obligation of control person oneself. Preventative and Salvational duty of infringement third person, decided standard of safeguard duty include abundant and reasonable protected the measure in final, put forward applicable scope of safeguard duty.Part four analyzed principle of undertaking responsibility, think it should be fault deduction, tort constitution condition of violating the duty include special relation between Concerned person; behavior person do not perform safeguard obligation and relation between cause and effect between damage and not performing duty. Duty form of violating the obligation be divided into direct compensation responsibility and not true involved responsibility relevant to third persons tort.