On The Safety And Security Obligations

Security is on duty or continuing a particular danger in their own areas and responsible, to take the necessary responsibility in accordance with expectations and the possibility of security measures to prevent damage to a third person at risk obligations. It is an abstract concept, and its breadth, complexity, is difficult to grasp its comprehensive connotation and extension of the principal obligation not to give security and judge clear guidelines. Butsafety and security obligations for protection of the rights of victims and fairness, justice, the realization of the concept of significance, legislators in the development of "Tort Liability Act" had to tolerate the safety and security obligations unruly character, made in37general provision, hoping to security obligations in social development continue to expand and improve their own, and ultimately the formation of bright, plump system. However, everything has two sides. General safety and security obligations under the terms of and with time and space, people, objects, events, social life there is always the contradiction between abstract and concrete, faced with actual cases, the security provisions of the obligation in principle always appear stretched, unable to clear the facts of the case import procedures for legal assessment Therefore, the security of their legal obligation to achieve value judgments, relief the damage suffered by the victim, must carefully find out the context of safety and security obligations, such as the security content of the obligation, sources of liability form and so on. Based on this, I choose tort liability on the safety and security obligations as the thesis of the study.This paper is divided into four parts of the system of safety and security obligations. The first part of the main obligations of the concept of security, safety and security obligations and security obligations of the contents of the source are discussed in this paper that the concept of security should have a general obligation, inclusive, forward-looking and other features to meet the needs of social development Therefore, security is on duty or continuing a particular danger in their own areas and responsible, to take the necessary responsibility in accordance with expectations and the possibility of security measures to prevent damage to a third person at risk of obligations; And security for the obligations of the contents of the sub-material aspects of safety and security obligations, service management, safety and security obligations, the obligation to protect and care obligations; and that the safety and security obligations in the field at its disposal to prevent obligation or bear the risk of from the law based on the contractual relationship expressly provided or social activities or other requirements. The second part, the use of comparative analysis, focusing on the general safety duty in Germany and the common law duty of care. The third part of the analysis of violations of safety and security obligations of tort liability, the principle of attribution and responsibility on the morphology of in-depth discussion. Finally, the obligation for the status quo of China’s security made some suggestions for improvement.