Study Of The Legal Issues Of Safety And Security Obligations

With the rapid development of economy, there has been a consistent increase of social activities with critical hazard, which have become a great threat to the security of people's life and property. Concerning the situation, judges, with their discretion, have established the obligation of securing people's life and property. Security obligation can be found in the legal systems of countries throughout the world except that different countries name it in different ways. The related laws are also different. On the basis of foreign experience and combined with China's specific conditions, China introduces relevant judicial interpretations on security obligation and made general provisions for it. However, there are many imperfections of this system in terms of both theory and practice, many of the issues remaining to be resolved. Aided by the comparative analysis of foreign security obligation and its legal basis, this paper conducts a research on the definition, main elements, legal nature, criteria, accountability of security obligation and other related legal issues. The legislation status quo of security obligation in China is discussed and analyzed, and a number of proposals are put forward in order to improve the system of security obligation with the hope to provide a reference for China's legislative and judicial practice.The main body of this article is divided into four chapters together with the preface and concluding remarks, full text is more than 45,000 characters. the preface has expounded the theory & practical significance that the topic studied, and the relevance which have studied together with its deficiency; the first chapter focus on analysis and compares the different requirements for the obligation to the security protection of civil law and common law on behalf of the state, besides, it has expounded the legal basis of the obligation to the security protection; the second chapter discusses the definition of the obligation to the security protection, and analyses the main content of the obligation to the security protection, moreover, it analyses the legal character of the obligation to the security protection.Chapter 3 describes the types of responsibility for violation of its safeguards obligations, responsibilities composition, shape and scope of responsibility and liability; principles. judicial practice puzzles also made their views; Chapter IV of the main assessment of the safety and security of our obligations under the status quo of the legal system. how to improve our security obligations of the legal system and put forward several proposals.