Analysis Of Safety And Security Obligations Under China's Tort Law

Security obligations is the personal and property security duty borne by a party to the other party, in particular the duties of care and attention. Failure to fulfill this obligation shall cause to be liable for damages. China's "Tort Law" and " Judicial Interpretation regarding Personal Injury Compensation" together constitute our existing obligations specialized law on the security regimes. The existing security obligations on the subject is a narrow definition of the nature of responsibility and is not comprehensive enough, and therefore is not reasonable application of the principle of attribution and other issues. This paper carried out a detailed explanation.The first chapter on the safety and security obligations research into the history of the emergence and development on study to explore its legal basis. Chapter two describes the system by taking reference from Germany, France and other countries representing civil law countries, and UK and US as representing common law countries on the safety and security obligations of its legislative status, as well as summed up the world's major countries in the tort law development regarding safety and security obligations generally. Chapter three analyses security obligation, and responsibility of the constituent elements. Chapter four is the vision of China, by explaining the "Tort Law" after the introduction by China's legal system of security obligations in the understanding and application problems, and the corresponding countermeasures and suggestions in order to trial practice provide useful lessons.