The Studying On The Safety-guard Duty Of Preventing Infringement From Third Person

There are many problems on social interaction and new legal relationship along with enriching social activities and more diversified lifestyle. However, because of its unique stability and lag, the law doesn't touch on the problems in period of time. It leads to a legal vacancy and the diversification of the referee in the justice process. It affected the fairness of law and the development greatly on social economy.He was against by others in public, such as be stolen in a shop, be robbed or rapped in a hotel, and so on.Supreme People's Court issued "the Interpretation on Trial personal injury compensation" on December 26,2003.It is the first time to regulate the duty on Safe-guard. "The Tort Liability Act," to regulate in the context of tort law. This provision of tort law to fill a vacancy, called "Safe-guard". However, there are still different views on it. We should study more fully on Specific provisions, it is more practical and significance on Specialized research on the safe-guard on preventing infringement of others.The text is divided into six parts. The first part introduced the concept, characteristics and content and classification of it.The second part compared the foreign legal systems with the law of the safe-guard in China.Then The third part, legal analysis on the Safe-guard Duty and analyzed the nature of legal obligation sand contractual obligations. In order to safeguard and protect the interests of victims better, contractual obligations and tort obligations should be combined. Fourth part, analyzed the responsibility principle and liability method. The fifth part, recommendated on the subject on Substantive law and Procedural law. The last part conclusion is the remainder of the full text and summarized.