Obligation Of Security Of The Real Property Right Person

As the scope of omission tort liability expands, and presents various new cases, research and study of obligation of the security take seriously for the scholar. Facing new complex cases, only depends on civil law and personal injury compensation in the Supreme Court has been unable to support the judicial practice to explain the diversity of needs, obligation of security urgently need legislative support for the field. "Tort Liability Act" passed, is a big step forward and changes the situation that there is no obligation of security on the legislation in our country, while the relative expansion of the application subject, more than the judicial interpretation of the theory of absorption of foreign. This article from the perspective of the real property right person, on the practical application of obligation of security, theory expounded current situation and foreign study, analyzes our country's loss of the theory which exists in the course of solving actual cases, attempts to make theory update, improve obligation of security.The first part launches around three cases, through analysis of cases, elaborated obligation of security of the real property right person the correlation theories flaw question which exists in the judicial practice. The case one, involves obligation of security question for the real property right person to minor and the public place limits and the judgment question. The case two, involves the real property right person to manage in the real estate the attached free place whether to have the safety control duty problem and to the minor higher attention standard. The case three, involves by the non-reasonable way enters "the place" to receive harms whether in safety control duty scope and so on questions, with public relations master to public relations visitor's safety control duty question and so on.The second part defines the related concept that obligation of security of the real property right person, and discusses the corresponding theory on obligation and responsibility. First, defines the scope of real property and real property right person. Followed, from the two sides, the nature of the legal obligation and content of obligation of security, elaborates "obligation" generation. The last, negligence and omission are two factors of obligation of security, expounds obligation of security from the course of evolution, that two liability theory of negligence Tort Liability and omission tort liability.The third part takes two legal systems as an angle of view, has carried on comparative review of the infringement responsibility under obligation of security of the real property right person. In common law, duty of care experiences the evolution from the trichotomy principle of distinction to the dichotomy principle of distinction, following the process of maturing in judicial practice, and forms some theories and rules which encountered in the course of some special cases such as minor intrusion problems and social guest problems, in response to various types of cases. In civil law, the most representative of general obligation of security is the general safety obligation of the German law, the maker and sustainer of hazardous activities has the general safety obligation, meanwhile French strict security obligations and Japanese safe care obligations are discussed.The fourth part through empirical research, puts forward some ideas and suggestions to the construction of obligation of security of the real property right person combined with Chinese national conditions. Analysis of the safety and security obligations on the legislative status, drawing on experience on the basis of two legal systems, attempts to make theory update the lack of operation which exists in the actual case, while safety standards are divided into common standards for general objects and special standards for specific subjects, resulting general liability and special responsibility.