A Study On The Safety Guarantee Obligation From The Perspective Of The Tort Law Of The Prc

Article 37 of the Tort Law of the PRC, which came into effect on July 1st, 2010, stipulated for the first time in legislation the safety guarantee obligation. However, it should be noted that not all violation of safety guarantee obligation is within the scope of the Tort Law. Thus arises the question of when should the violation be of a legal or tort law nature, and can be adjusted by the Tort law? When the violation shall have an illicit nature? What is the scope of the subject? Whether the source of obligation shall be definite or not? What's the relationship between the result of the violation and its unlawfulness? What's the relationship between the fault of the violator and the liability borne by the third party who also do harm to the victim? How to distribute the burden of proof? All those questions are not answered by the provisions of the Tort law, leaving the space for interpretation in concrete applications. Beginning with the analysis of a case and the construe of the meaning of the safety guarantee obligation, the author intends to bright some light to the study of the subject.