Analysis Of The Security Obligations Of The Managers Of Public Places

With the development of economy and the enhancement of people’s law conscience,more and more legal disputes happening in public are paid attention to, what’s more, suchcases are usual during the trial in court. In December26,2009, National People’s CongressStanding Committee passed Tort Liability Act, which regulates clearly about the case thatpersonal injury caused by improper safeguards which should be provided by governors ororganizers in public. This law also regulates what kind of case it is fit for. However, theregulation is still too abstract, there should be more aspects to be extended, for example, theconnotation, extension, and responsibility of the safeguard obligation.The present study is mainly divided into three parts. This first part is the outline of thesafeguard obligation, with a brief introduction of the definition, historical development,function and meaning of safeguard obligation. The second part mainly discusses the natureand obligation origin of safeguard and the different views of various schools, like contractobligation, lawful duties ect. What’s more, for the the duty against safeguard obligation, fourfactors of infringement is discussed, what’s more, in order to distribute responsibilityreasonably, mastering of tort, judgment of illegality and identification of causal relationship are discussed in great details. The author also studies the nature of supplementary liability andtries to find the reasonableness and shortcomings. The third part analyzes the real case indaily life to clarify the nature and function of safeguard obligation and distinguish differenttypes of safeguard obligation, in order to provide some help for judges.Security shows respect and care for human value. Safeguard obligation displays thehuman rights protection of Constitution, the implement of civil law for the principle ofhonesty, symbol of the implement of Tort Liability Act, and the progress of social value.