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A Study On Supplemental Security Oblihations Responsibility

Posted on:2015-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2266330428485055Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the research on the safety and security obligations gradually deepened. December4,2003the Supreme Court issued "on the trial of personal injury compensation cases interpreting the law applicable to certain issues for the first time on system security obligations to make specific provisions. July1,2010implementation of the "Tort Liability Act" summary judicial practice, for the first time at the level of tort law duty unified security system for the protection of people’s personal and property safety provides a clear legal basis. Security obligations tort liability into direct responsibility and supplementary liability. Relative to the direct responsibility, the supplementary liability more difficult to grasp, it finds that the nature and scope, etc., there are still much controversy, it is necessary to conduct further research.This paper will complement the responsibility of security obligations, especially to explore in depth and scope of its authorization. Article is divided into four parts:The first part is a typical case from two starting introduces the background and significance of the system security obligations; second section defines the security obligations of the subject, describes the main contents of security obligations and Field of application of the basic theory of system security obligations are briefly comb; third part of the obligor supplemental security responsibilities identified issues in-depth analysis, discusses the security obligations supplement the basic theory of liability, including security supplementary obligations outlined responsibility, responsibility principle, Elements and exemptions; fourth part of some controversial issues with China’s judicial practice, for safety and security obligations complement the range of responsibilities, as well as the system currently exists has been further interpretation, in order to make people more in-depth understanding of human security obligations supplementary liability.
Keywords/Search Tags:Security obligations, Damages, Third party infringement, Supplementary liability, scope
PDF Full Text Request
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