The Research On Tort Liability Principles About Breaching Of Security Guarantee Obligations

Safety is the premise of human survival and development. In recent years, theeconomic development of the productive forces of rapid development, and greatlyimprove the people’s spiritual civilization life level. The legal consciousness of peopleincreases, rights idea more strong, personal and property security has become the focusof attention of the common people. However, with the height of the development ofeconomy, the contacts between people also have become increasingly frequent, allkinds of risk also will follow. In recent years, involving the bank in China, hotels,restaurants, etc about security obligations cases occur frequently. But because at thattime our country for such problems and no legislative provisions, all in such cases thecourt’s decision also different. In order to meet the demand of social development, theGerman law scholars into general safety note obligation to solve the case. December29,2003the supreme people’s court on the trial of cases on compensation for personalinjury "the explanation of some issues rulings, to promote the academic research ofsecurity obligations of enthusiasm. On December26,2009the tort liability law of, forthe first time in the legislative layer of security obligations made clear rules, markedthe security obligations in our country legal formal establishment.Imputation principle is to determine whether the person liable basic criteria, is socertain security whether taxpayers shall bear corresponding compensation liabilitiescore problem. And clear violation of security obligations tort liability of the legalnature, is the first condition of blame. Simple would violate safety obligationsqualitative is tort liability tort liability or responsibility of breach is not actual, shouldthe concrete analysis. Also, clear legal imputation basis, also is in violation of thesecurity obligations infringement behavior of imputation basis. Only reasonable of thesupport of theory, can the breach of security guarantee obligations blames tort liability.The blame for the legal basis for the main risk control theory, cost efficiency theory,human rights theory.Security obligations is distribution justice demand results. How to make securityobligations in our country in the process of the localization to adapt to China’s nationalconditions and further development, need to fully absorb the success of the countriesof two important legal systems experience. For security obligations to blame theapplication of the principle, our country law is not perfect. Need a clear distinctionspecific, mainly suitable for fault-presuming responsibility principle, special circumstances for no fault liability principle. To understand and apply the securityguarantee obligations appeared in the process of safety obligations judgment standardproblems, the third person under the condition of the infringement of the security agentliability and so on, all need further clear and perfect. All of these are in the theory andpractice of a major issue.