Essay On Obligations Of The Safe And Security In Tort Law

Security is the basis of various activities people engaged in.People want toparticipate in activities in a safe environment.But with the rapid development ofeconomy and the increasing number of social activities, more and more businessdealers pursue economic interests which causues much more unsafe facotrs in socialactivities, at the same time, the personal and property safety are suffering the threat ofmore unreliable and uncertainty factors. Safe and security obligations have greatsignificance in the proctecting citizens’ personal and property rights and interests andreducing or avoiding accidental injury.Other countries establish related systems tosolve this problem, for example,the German civil law have the theory of transactionsecurity duty, the common law have the duty of care.It is first to provide the safe andsecurity obligations in The provisions of Article VII in Interpretation of ManyProblems of Applicable Law in Connection with Hearing Personal InjuryCompensation Case as issued by The Supreme People’s Court and The provisions ofArticle37in The tort law of the People’s Republic of China. Chinese Tort Law hascome into force in2010, which legislatively constructed the system of the safe andsecurity theory.The circles of theory and Practice have different reactions.In addition to this introduction,this paper is divided into four part.This first chapter introduces the meaning,legal basis and the nature of securityobligations.By analysing the two cases which incurred after the enforcement of Tortlaw,we can find three issues to be solved in this article:the vagueness of the sbujecton;lack of judgment to the standards of safety and security obligations;whether the liability is reasonable.Then the chapter analyzes the legal basis of the safe andsecurity obligations:Profit-reward theory, Danger control theory and the principle ofhonesty and credibility.There is argument about the nature of security obligations:thefrist claim collateral obligation the second claim the Statutory obligations and and thethird claim that there are competing.The second chapter analyzes the elements of this theory.Violating the safe andsecurity obligation belongs to the tort liability.The analysis of this article is on thebasis of the three important condition,which consists of:the act of violating,the fact ofdamage and the causation.In this apart, we draw the conclusion that the theory shouldtake the principle of presumptive.Also the casual relationship is the highly important.The third chapter mainly introduces the application of the safe and securityobligation in our country.It discusses three problems which were raised in the firstchapter.First it analyzes the subjects by comparing the law of other countries.Thesecond researches the judgment of the standard.The common laws adopted thestandard of the“reasonable person”,the researchers in China advocate that it shouldtake three standards,which conclude:Whether the object obtain benefits,the sources ofthe risk and damage and the cost of the risk control.Finally,this chapter analyses theresponsibility.The fourth chapter discusses how to improve the safe and security.It is obvious tofind the deficiency by discussing the change of the legislation.In my opinion,the firstimportant is to define the subject clearly.Second,the judgment standard shouldconclude three steps.Thirdly, in order to improve the existing supplementalresponsibility theory, the law should clarify the precondition and the proportion of theassumed liabilities, and ensure the recourse right of the obligators.