Safeguard Obligation

With the fast development of the society, there have been also a number ofdangers such as traffic accidents and labour accidents. Facing a serial of unforeseeablesecurity accidents, judges from both Common Law and Civil Law are seeking theresolution and creating the concept of “Verkenhrspflicht”,“Obligation de securite”and “the duty of care”. Our country has established “Security of obligatons” on thebasis of foreign experience. Such concept was firstly put forward in the article6ofThe Supreme People’s Court of the PRC briefly provides the safety-guard obligationissued in2003(which will be called judicial interpretation as followed).Now suchjudicial interpretation has been promoted to legislative level, in article37of the Tortlaw passed through in December2009, applied in July2010. However, securityobligations still has some deficiency both in theory and judicial practice. The writerthink the law has not performed the direction of legislation to protect the security ofpeople’s life and property, Some of regulation even incurred the back forward of thelegislation. The reason is that we does not pay more attention on security obligations.The article will begin with an entertaining case at my attorney in2009with the thirdparty involved in the security obligations, focusing on a hot dispute of whether thebreach of contract can be put forward in the field of Tort Law.The whole article will put security obligations on the sight of Contact Law andTort Law and compare, paying more attention on the discussion of third party involved in the security obligations both of their types of responsibility for violation,responsibilities composition and shape of responsibility and liability. After that, thearticle will analyse the advantage to choose action in Contract Law in the frame oflegislation.Chapter One The writer proposes the problems of security obligations in twomajor areas of tort law and contract law respectively in order to clarify these mainissues which are discussed in this thesis.Chapter Two Through the research on the chinese scholars’studies,the writerproposes her own underdstanding on the definition of the security obligations bydiscussing the connotation and the nature of the security obligations. The writer alsoanalyzes the character of the security obligations by respectively comparing theforeign scholars’and the chinese scholars’views.Chapter Three The writer will discuss the liability of violation the safety-guardobligation, analyzing the principle of responsibility for violation and responsibilitiescomposition from Tort Law and Contract Law.Chapter Four The writer will discuss the shape of responsibility and liabilitywith the third party involved in the violation the safety-guard obligation both in TortLaw and Contract Law. The writer suggests that joint debt is not real is availablewhich can make the damages closer in both fields.Chapter Five On the base of the analysis, the writer proposes the suggestion toimprove the security obligations and gives her own opinions on solving the problemswhich are mentioned in the preceding paragraph, hoping the security obligations playa better role in social practice.