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On The Damage Liability For Violating Of Safety-guard Duties

Posted on:2011-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:F X WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Safety assuring duties in our society, the protection of the social and the weak, the balance is the function of social responsibility of property, human rights and constructing harmonious society is of important significance. Chinese law on safety obligation is hotel, bazaar, bank, station, entertainment and public places such as the administrator or the mass event organizers of the relative to the safety of person and property of the fundamental guarantee for duty. When the obligor fails to fulfill safety guarantee safety obligation caused damage to the third party, the taxpayer shall bear corresponding security of tort liability. China has implemented the tort liability law "and the" explanation "are already using a relatively broad security obligations defined, responsible for security obligations prescribed for" the main responsibility of the hotel, shopping mall, bank, station, entertainment and public places such as the administrator or the mass event organizers ", we can see that the lawmakers comprehensive as possible, but carefully restricted security obligations for specific legal relationship of the operator and the mass event organizers. Safety obligations system design, from essentially are operators and consumers, activity between managers and participants build up a social concepts, scientific and operability of the risk allocation mechanism. Safety obligations content mainly includes security agents need to perform the duties and determine whether taxpayers to assume liability to pay compensation. Our safety obligations should adopt the principle of accountability or fault liability principle, should adopt the cognizance of fault presumption method for this principle, it is advisable that can maximize the holder of the right to ensure realization whose rights and interests have been infringed may get fair relief, while the taxpayer can get very good and right. According to the tort liability law provisions of article 37, without neglecting safety obligations responsibility type has two kinds: if the security agents failed to fulfill obligations and led directly to the party person or property damage, the taxpayer shall bear responsibility for directly, If the damage is caused by the third act, the taxpayer fails to fulfill safety guarantee safety obligation, assume by the relative to supplement responsibility. Damage Although the tort liability law will security obligations included legislation system, with a separate provisions made the provisions prescribed, but the basic structure of the main remains in compensation for personal injury explain about security obligations prescribed legislation related to confirm and too simple and formatting, the detailed rules for the implementation of the urgent to further clarify the perfect. To perfect the security of infringement of the obligor when additional liability form from procedure and consummates both. The former refers to the sequence of supplement, direct the subjects for the compensation liabilities is the first order responsibility, added responsibility to assume liability to pay compensation is the second order responsibility. Physical added refers to the amount of compensation for additional liability is supplementary, its compensation amount depends on the amount of the persons directly responsible for the size and added to the degree of fault responsibility.At present, the relevant security obligations stipulated in security agents and the violation of security obligations of responsibility for form etc, in order to establish a reasonable further perfecting the security system of duty.
Keywords/Search Tags:security obligations, Tort liability, Fault liability principle, Liability form
PDF Full Text Request
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