Research On The Security Obligation On Tort Law

With the new "Tort Liability Act",Security obligations are clearly defined in the "Tort Liability" Act in Article 37. Security obligations in our country "Tort Law", Attention to Security obligations reflects Security obligations are important in "Tort Law".With economic development, variety of social activities to occupy in people’s lives.go to a restaurant meal, go to a supermarket, go to bank deposit. Activities have taken place almost every day in our daily life, and are closely related to each of us. However, the application of security obligation still exist many problems, the theories development of security obligation is necessary to further improve. As "import" the security obligation Root in the soil.it need the test of time.Anglo-American countries have adopted the standard of the "reasonable person" and the "Hand Formula". Clearly defined standards of security obligations, we can solve the problem of victim relief better, play the function of tort law to make up for damage. Security obligations are important for victim. Security obligations are a double-edged sword facing with both opportunities and challenges.The article is divided into three parts:introduction, body, and conclusion. The text is divided into four chapters, as follows:The introduction focuses on the theory and practice of security obligations research, the meaning and the value of the security obligations. Current many problems of security obligations in application, for example, the main scope is not clearly, there is a dispute about responsibility principle. The author briefly describes the plight of security obligations, and puts forward their own ideas for the problems above.The first chapter introduces the meaning, content, elements and nature of security obligations. Security obligations have different definitions in the different scholars and experts, for example, lixin yang, xinbao zhang and minan zhang, the concept of security obligations has made a comparative analysis. Although the concept of the various scholars of different, they are content to describe are the same. Through the introduction to concept, the author defines the concept of security obligations.In China, security obligations are divided into software and hardware. Security obligations elements can be divided into four areas:behavior, damage, injury and causal link between behaviors, fault. Nature of the security obligation there are three main ideas; The first claim nature of the contract and bear the liability; The second claim nature of tort liability; The third claim is a breach of contract can also be a tort liability, there are competing. The third claim is more reasonable, but not perfect.The second chapter researches security obligations and its theoretical sources in comparative law. In 1397, the earliest record of security obligations under the German law. Germany through three famous case:"withered case"、"salt case" and "veterinary case" established security obligations. According to security obligations, provide the basis for indirect infringement and Omissions through the Judge-made law. Duty of care in American law originally is used to investigate the responsibility of owners and managers on the land. Later with the economic development they are expanded. In the text, there are some introduction on security obligations in Japan and France.Associated with the expansion and expansion contract system, the theory of security obligations was completed. The relative nature of the contract has to be broken sooner or later. There are three sources of security obligations:the direct provision of law, the contract, and special relationship.The third chapter describes the security obligations applicable to the use of Tort Law. Standards of security obligations both in theory and practice cannot pass by Anglo-American using the "reasonable person" standard to determine. The reasonable person is fictive by judges. There is a very famous person who said that the reasonable person has no Achilles’s courage, Ulysses’s wisdom and Hagridlance’s power. In common law, there is a standard on the famous Judge Hand’s "Hand Formula". This standard can overcome defects of the reasonable person. The main security obligations:rights body and obligations body. Justified based on Fault liability, liability without fault, fault constructive obligation, Law of tort liability for breach of duty of security responsibility principle of fault liability.Based on the practice, the fourth chapter discusses how to improve security obligations. According to the analysis of text above, we must be cautious with application of security obligations and to prevent it to be extended.The conclusion is the summary of this article. Based on security obligations of production, development and improvement, we have to learn from the advanced experience of comparative law and make a summary. Key to note is that clear security obligation standards shall apply to the principle of full compensation in order to balance the interests of both actor and damage.