The Tort Law On The Security Obligations Research In China

In today's society, with the development of science and technology, various industries (such as transportation, banking, services, entertainment, etc) spring up rapidly and the activity territory of people increases unceasingly, and the static agricultural society transform into the dynamical industrial society, but the social era also increases ceaselessly, and gives people's safety brought serious threats. British history famous politician, philosopher Thomas Hobbes once said that "the safety of the people is the ultimate law." Realization and safeguard of the people's safety is the main task and value pursuit of law. Undoubtedly, the proposed safety obligation provided a legal way to prevent danger, the maximum damage relief. Security obligations are obligations that in the particular civil legal one party protect and take care of the other party. Security agent that is not fulfilling the taxpayer to others and caused other person and property rights damage should assume tort liability. Security obligations theory in China is first proposed by scholar,then the supreme people court proposed "some problem explanations using into law on the person damaged compensating case" article 6(for short "Personal compensation explanation") in 4th, December 2003 and carried out "the tort liability law" article 37 in 1st, July 2010, that made security obligations in our country raise from theory into practice. Undoubtedly, it will be the two milestones of the new China person judicature protection. But the theory is still being much problem, such as the obligation person scope, the protection target, the responsibility principle, the duty type of violating safety guarantee duty, etc, being worth to research and practice because of not enough research on it. The text partly explained security obligations rules on "Personal compensation explanation" article 6 and "the tort liability law" article 37, and made some thinks on my country society security obligations by comparing and commenting the two rules and combining understanding myself.The text has four chapters. Part I, mainly tell the formation and development of security obligations from historical and comparative view; Part II, mainly partly tell the obligation person scope, the protection target, the responsibility principle, the duty type of violating safety guarantee duty, etc., in "Personal compensation explanation" article 6 and "the tort liability law" article 37, in order to make readers understand our country current security obligations. Part III, made "Personal compensation explanation" article 6 and "the tort liability law" article 37 compared systematically and analyzed the former improved aspect relative to the latter, and discussed the two rules by understanding myself. Part IV, proposed my thinks on the development and perfection of our country security obligations being the base of the before text.