Study On The Safety-guard Obligation In Tort Law

With unceasing progress of society, people are faced with more andmore insecurity factors in sociality when enjoying conveniences fromadvanced technology. The safety-guard obligation appears with theincreasing number of dangers and accidents caused by insecurity factors,as a security of life and property in law. The safety-guard obligationis defined by law or signed as an agreement, which one party is under anobligation to keep personnel and property safety of another. It touchesupon every aspect of people’s livelihood and security related to our life.The safety-guard obligation first appeared as a judicialinterpretation in our country. It was defined in the sixth ordinance ofThe Interpretation on the Various Issues Concerning the Application ofLaws in Hearing Human Person Damages Case enforced by Supreme People’sCourt as of May1,2004. The tort law formally enacted as of July1,2010elevated it to a legal height, whereas it took only a matter of principleunder the37th ordinance of tort law. It is worth deliberated over thebounds of safety-guard obligation, liability of obligor for the thirdparty’s infringement, etc. There are still many cases beyond the limitsprescribed by law in judicial practice, and therefore some aggrievedparties are not protected by law. This paper intends to complete analyze the safety-guard obligationby comparative method and positive analysis from its theoretical sources.It also gives some proposition to improve the safety-guard obligation byanalyzing our current legislation system as well as by solidifying andtyping it. This essay is divided into five parts, along with theintroduction.The first chapter summarizes the basic matters of safety-guardobligation, including analyses of its emergence and development, thebasic legal theory, concept and its character. Firstly, it discussesorigination of safety-guard obligation from Roman law, safety-guardobligation in Civil-Law System, duty of care in Common-Law System and oursafety-guard obligation. Secondly, it compares the differences,similarities and characteristics of academic foundation in safety-guardobligation. Finally, it examines the concept and character ofsafety-guard obligation according to our legislation and relatedtheories.Chapter Two defines the elements of safety-guard obligation from itsobligation, protection and content.Chapter Three analyzes liability for violation of safety-guardobligation from the liability principle, the constituent elements and theresponsibility commitment. It emphasizes on the analysis of theobligor’s liability for the third party’s infringement.Chapter Four discusses the stereotype of safety-guard obligation. Itdifferentiates the contents and standards of various safety-guardobligations through solidifying and typing it.Chapter Five analyzes the legislation actuality and gives somesuggestions on safety-guard obligation.