The Legal Research On Security Obligation

Security obligation is well accepted and applied by the countries all over the world, which is the huge improvement both in the filed of tort law and the protection ofhuman rights. Traditional tort law is a sort of negative obligation which requires people shall not undermine other people by behavior. Like great ancient Roman jurist Domitius Ulpianuss said,“Honest living without undermining other people and acquirewhat one needs.”However, with social and economic development, all kinds of security risks are increasing. Security obligation has become the focal point for experts and scholars and society. Security obligation theory in our country was introduced from German laws and the studies of this field started rather late. Supreme people’s court issued “About the trial of cases on compensation for personal injury to explain some issues ofapplicable law”. In provision six, the court firstly specified the security obligation. This stipulation achieved great effect. Hence, the provision37of “tort liability law” whichwas put into effect in July,1st,2010, essentially assimilated the content of provisionsix of “explanation” and at the same time made some proper fix and adjustments. From this point toward, the status of law of security obligation was confirmed. However, the consensus on some issues of security obligation law has not reached yet among theoreticians. For the aspect like property, doctrine of liability fixation, scope ofapplication, application subject and the scope of interest protection in the design system of security obligation need further discussion.In this thesis, I would like to start with specific cases and introduce the necessity of security obligation system and then deepen the topic step by step by analyzing the controversy in security obligation theory and discussing the shortcomings in the tort liability law, etc. At the same time, I will apply historic analysis and method of comparative analysis to solve some problems. This thesis consists of six parts. Introduction reviews the emergence and development of security obligation law to introduce the topic which needs to be discussed. The second part is the concept and characteristic and property of security obligation law. The third part introduces the basic the ory of security obligation law, including resources and foundation and doctrine of liability fixation, etc. In part four, I compare and analyze the corresponding stipulations in civil law countries and English and American law countries and take into consideration of our country’s reality to recognize its value of references. In fifth part, I will introduce the problems in the current security liability law in our country. In sixth part, according to the analyses of the abovementioned, I will come up with the assumption and try to fix abovementioned problems to offer some new perspective in improving and betterment of the theoretical studies in our country.