The Theory Of Public Security Obligation Of Managers

Human being’ survival and development can’t go without a safe social environment. One of the important functions of law is to protect the safety. With the development of the society, disputes involving managers who breach safeguard obligations in public places are increasing. This paper analyzes safeguard obligations of managers of public places with "Tort Liability Act". This thesis is divided into four parts, aiming at making a thorough analysis of basic problems in the field of torts liability originating from the breach of safeguard duty, making a proper evaluation of the relative statutes and contributing some proposals for further modification of the relative statutes.The first part mainly introduces the behavior modality of safeguard obligations of public places managers. Clearly define the category of the relevant factors of public manager’s responsibility. Elaborate the characteristics of public places managers who violate this safeguard obligations tort liability. Discuss definition and determination of the obligation standard of public place managers safeguard obligations. Clear the reasons of public places managers safeguard obligation and determine the standard of the public places managers safeguard obligation.The second part mainly discusses the criteria of torts liability from the breach of the safeguard duty. The judicial interpretation chose the fault principle, whereas the law of torts liability opted for the principle of presumptive fault. This change is perceived as a significant improvement. It’s believed that the rule of presumption of fault best fits into the current social situation of China in this area. However, times never stop changing. We must keep continuous development and improvement of the criteria of torts liability from the breach of the safeguard duty.The third part is mainly about the constitutive elements of the torts liability from the breach of the safeguard duty. On the constitutive elements of the negligent torts liability, there exist two parallel theories, that is, three-element theory and four-element theory. Among the several elements, breach of the safeguard duty and the casual relationship between breach of duty and damages are highly important.The forth part mainly focuses on the undertaking of the torts liability from breach of safeguard duty. In my view, the supplement liability placed on the ones who bear safeguard duty by the laws goes against basic legal principles and social fairness and the thesis provides a solution.