Research On The Reasonable Limit Of Safety Control Duty

The formation and development of safety control duty are firstly analyzed in the article. The safety control duty is originally put forward during Roman law and basically matured in German law in the form of general safety attention duty (Verkehrspflicht). In China, the focus on the safety control duty by practice and theories began on the case of Yinhe hotel, which was judged in the Changning Court in Shanghai. Hereafter, the judicial committee of Supreme Court adopted the Judicial Interpretation and law-application for personal injury cases in December2012, in the6. Article of which stipulated in the first time the definition, the application-conditions, the object of duty and the form of safety control duty in the form of law-interpretation. After that, the Tort Liability Law of People’s Republic of China adopted by People’s Congress puts forward the definition of safety control duty. Meanwhile, the interpretations and issues on the safety control duty remain as hot spots both in practice and theories. Therefore, this paper, in the aspect of the objects, protection range of safety control duty, the liability by breach of safety control duty, the due reasonable limit and the application in special cases, demonstrates the methods how both to protect the legal rights of injured, and to maintain the healthy development of industry in the real national condition, finally to unify the rule of judgment in judicial practice.