Safety And Security Obligations Research

As everyone knows, many countries in the world in the law to violate the tort liability ofthe security obligation basically are clearly defined, in Chinese along with the social economydevelopment the emergence of a large number of typical or atypical tort case. As each of usordinary people, will know that different differences and misunderstanding of the obligationof security, the psychology is particularly prominent in the security obligation in. In judicialpractice, the various relates to breach or fails to perform the security processing tort casesobligations not only relates to how to realize the balance between the interests of the parties,but also reflects the socialist rule of law and justice and efficiency."Tort liability act" valueembodied made positive exploration and effectively safeguard the legitimate rights andinterests of citizens on regulation at. This paper uses visual analysis to the various countries atpresent in the practice aspect of security obligations to the achievements of comparativemethod, and the distinctive characteristics of each country comparison, which explains thenature of safeguards obligations; through a series of comparison, we constitute some commonaspects through a preliminary understanding of security obligations, such as the establishmentof tort the constitution of liability, liability of classification and related liability principle, soas to clearly understand the significance of effective treatment in violation of securityobligations cases in the judicial practice.This paper explains the security and the legal basis of obligations, the influence anddevelopment, the world various countries with different legal systems of differentcharacteristics and the relevant legislation in our country, this paper in order to obtain a betterunderstanding of the obligation of security, the legal basis of the security obligation has madecertain analysis. Through the use of us real case to analyze the safety guarantee obligationnature really belongs to tort law obligations or contractual obligations, and draws theconclusion: violation of security obligation is liability for tort behavior typical. Through thebrief contents of the safety and security obligations, should bear the outlines of securityobligations of social responsibility. Through further from the legal explanations of violation ofsecurity obligation of tort liability imputation principle, constitution, and the basic principlesin violation of security obligation for the tort liability that should be taken and the mattersneeding attention. Method to judge the security obligation whether has the mistake in the final analysis is to see the person responsible behavior Is it right? Accords with the provisions ofthe law, whether to fulfill its obligations in the course of events, Is it right? Real risk aversebehavior and obtain the corresponding results.In judicial practice, we are most concerned about is the violation of security obligationshould bear the responsibility. At present, scholars recognized three types of liability, namelydirect liability, supplementary liability and vicarious liability. This article will focus on theactivities of the organizers added responsibility of social groups atypical direct responsibilityand public for-profit site operators, direct liability that is Travel Organizer for the participantsshould bear the added responsibility and because bank of the third party, put forward on thebasis of tort liability to the social group activities the organizers of the view and the obligorviolates the security obligation has the added responsibility view of recourse. In the judicialpractice, judge the Travel Organizer is a violation of security obligation should be whether theorganizer has the fault and causality presumption on these two points to consider. In the clearfor supplementary liability, legal liability should be reasonable definition of securityobligation should undertake to the victim, and should not be directly into the addedresponsibility of third people, to deal with security obligations have the added responsibilityof reasonable recourse to be strictly regulated.