Social Host’s Security Guarantee Obligation

Security guarantee obligation is an important concept in tort law of today’s civil lawcountries and common law countries. Since the Supreme People’s Court announced the"interpretation of a number of issues on the applicable law for the trial of personal injurycompensation cases” in2003which stipulates the operator’s security guarantee obligation,security guarantee obligation has been the focus of research on the tort law. On the basis ofsummarizing experience of judicial practice and learning from foreign countries’ relativeregulations, our "Tort Liability Act" has clear provision for tort liability failing to fulfill itssecurity obligation and points out the direction to handle such cases. However, so far, in thelegal theory field and judicial practice, a lot of controversy still exists about the specificsubject, scope and content of security guarantee obligation, which also led to uniform judgestandards for such cases in the judicial practice, thus it is necessary to make it clear."Tort Liability Act" limits the obligor body of security guarantee obligation to “operatorsof public venues” and “organizers of the mass activities”. But in reality, in addition tocommercial transactions, there are still a large number of social activities not for the purposeof economic transactions. Due to the lack of law basis, in case of damage, victims cannot getlegal protection as it’s often difficult to initiate judicial proceedings. However, these volunteersocial activities have more realistic possibility involving initiative public contact andobjective danger, so the creation of security guarantee obligation is urgent and necessary.In this article, through a real case, taking the " sociality host" for the study object andstarting from the unique perspective of security guarantee obligations of sociality host foralcohol-drinking guests, the author tries to investigate identification and restrictions of theresponsibility for security guarantee obligations of sociality host and how to identify socialitymasters breach security obligations and the scope of taking the responsibility in our judicialpractice, so as to ask for advice from generous experts and play a role in arousing thevaluable.In addition to the introduction and the conclusion, this article is divided into foursections.The first part introduces the legislative status quo of sociality host’s security guaranteeobligations in our country, elaborates the origin of security guarantee obligations and the legislative status quo of sociality host’s security guarantee obligations in our country, and clarifies that it is necessary to make the law for security obligations of sociality host to alcohol-drinking guests and apply them in judicial practice form the real meaning of security guarantee obligations and combined with China’s national conditions and traditional culture.The second part mainly analyzes from four theories including the profit-making theory, the danger-control theory and trusting relations theory to clarify theoretical bases that sociality host should bear security guarantee obligations in our country.The third part mainly clarifies the object range and obligation scope for sociality host to bear security guarantee obligations and explores the scale for sociality host to bear it.The fourth part mainly discusses the theory and practice standards for sociality host to bear the responsibility for security guarantee obligations and consideration factors to identify the sociality host’s security obligations in the judicial practice and proposes that alcohol-drinking guests should conceit corresponding responsibility on the consequences of the damage because of fault of oneself.