On Security Obligations

Safety is fundament of survival and development of human beings, and also the important mission and value of law. It has been main role of a legal state to endue certain people with duty of care and civil liability in order to prevent public security and personality and property from unlawful infringement. The establishment of the law institution of obligation of security plays more and more important roles in protecting against people's life and properties, however there still many theoretical disputes exist in its academic areas. This paper divides into three parts to expatiate the obligation of security: In the first part, it mainly narrates the concepts, main content, nomological derivation, source and nature of the obligation of security. In the second part, it mainly probes into the liability assuming under occurrence of failure to perform the obligation of security. In the third part, it mainly discusses the obligation of security under the condition of encountering third party tortuous action which is deemed as an supplemental liability to civil infringement.