Security Obligations Legal Issues Analysis

Safety is the first condition for people to live.without the safety, all production and activities would be meaningless. In social interaction, safety-guard obligation is an important one of the basic obligations. For this obligation, the world although is not the same as its title, the specific legal provisions for differences in national circumstances are different, but also as an important legal system has been stipulated. In recent years, safety-guard obligation is on more in-depth theoretical studying, the nature of it and responsibility for its commitment to issues such as the formation have a more unified point of view.2009"People’s Republic of Tort Liability Act"(hereinafter referred to as "Tort Liability Act"), the introduction of safety-guard obligation is to achieve substantive results of a performance, it not only to make up for the lack of legislation, and to some extent, solve the rapid development of social life appear more and more question of safety-guard obligation, making the judicial practice of the trial is more reasonable, more just and reasonable. However,"Tort Liability Act," there are certain limitations, to a better understanding of safety-guard obligation and make it more responsive to social life, this paper will investigate our safety-guard obligation from the following aspects.In addition to proposing the problem and the conclusion, this paper is divided into three parts. Of the problem cited several classic cases in the judicial practice, to point the development of safety-guard obligation is the need for real life, we must pay attention to the legal system; the first part describes the basic theory of safety-guard obligation, which is the basis of safety-guard obligation, especially the nature of safety-guard obligation is one of the most discussed topics in theoretical circles, but also a difficulty, in this section the author also put forward the view that the "legal principle, agreed to exception "is the criteria to define the nature of safety-guard obligation; the second part elaborate the responsibility of breaching of the duty, the part start from the responsibility principle, liability forms and responsibility constitute to analysis the tort liability of the obligor, including the criteria for determining fault and the causation is described in detail; the third part is the most important part,it described legislative status and how to improve this obligation, the understanding of the existing rules and how to improve the existing system is considered in this section, the author also give some humble opinions; Finally, the conclusion part propose the practical significance of further studying our safe-guard obligation.