The Study Of The Obligation Of Secuirty Guarantee In Tort Law

With the development of economy and society in our country, there are more and morecases about the violation of the obligation of safety guarantee in the field of jurisdiction. Theterm of "the obligation of safety guarantee" appeared in Article6of "the JudicialInterpretation on the Appliance of Law in Body-damage Cases" for the first time in2003.Then in December2009, the Law of Torts Liability of People’s Republic of China ruled thisobligation in Article37. Actually many countries and regions have the same regulations intheir legal systems, and in this paper author tries to table some proposals for regulations in ourcountry through the study of comparative law.From addition to the introduction, the paper is divided into four parts. The first partstudies the process that the regulations of this obligation transformed from the field ofcontract law to tort law. With the expansion of contractual liability, the liabilities ruled bycontract law begin to merge with those ruled by tort law. Accompanying the duty ofprotection plays more and more important function in the system of contractual collateralobligation, the rules of the obligation of safety guarantee in contract law formed. As theexpansion of danger fields as well as the enhancement of the degree of risk, in order toprovide better protections for people’s safety and property, these rules shifted to be regulatedby tort law. At last in first part the author studies the development of the obligation in tort lawand analyzes the affection of negligence theory in criminal law, the theory of duty of care, thetort liability of omission to the development of the obligation. The second part studies thejurisprudence basis of the obligation. It makes the function of tort law be better fulfilled thatto achieve the legal value of justice through balancing the interests of different parties. Thethird part researches the obligation in tort law from the perspective of comparative law. Thenthe paper elaborates the concept and characteristics of the obligation through the studies ofrelated rules in civil law and common law systems. Finally the fourth part studies the rulesabout the obligation in our country’s legal system and researches the composition of the tort liability while violating the obligation of security guarantee. At last in the basis of researchesthe author tries to put forward a sound proposal for our legislation.