Study On The Safety-guard Duty In Tort Law

In the theory of civil and business law, the obligation system consists of legal obligations orpromissory obligations. Among of these, the boundary of legal obligations is the mostattractive. Security obligations are newly concern in academic circles and hot spots. Securityobligation "is enabled by lawmakers firstly when the supreme people’s court’s judicialinterpretation in2013, The supreme people’s court on the trial of cases on compensation forpersonal injury explain some issues of applicable law stipulated in article6, the legal subjectengaged in accommodation, catering, entertainment, and other business obligation undertakesecurity obligations, the class body fails to perform such obligations within reasonable limitshould be liable for compensation. In response to the Supreme Court judicial interpretation, thestanding committee of the National People’s Congress in2009promulgated the "tort liability lawof the People’s Republic of China formally in the form of basic law to determine the securityobligation. The law stipulated in article37, Hotel, bank, shopping malls, railway stations,entertainment venues and other public places shall bear the security obligation of manager or theorganizers, otherwise, they will compensation for others damage. The positive and enthusiasmof legislation cause the resonance of the theory. The article published lots of security obligations,even so, there exist many problems about the obligation of security research in the academiccircle. Such as about the nature of the security obligation, the obligation of security type, securityresponsibilities of such problem exist a big debate. In view of this, the article uses the safetyguarantee obligation as the research viewpoint and pays necessary attention to the problems.The article consists of four parts, to be specific:The first part is case and conclude problem. This part through three typical cases interpretssecurity obligations. And on this basis proposes three controversial issues in academic circles.The second part is basic theory of security obligation. This part consists of two parts, namelythe nature of the security obligation defined and legitimacy in security obligation. Through thesecurity obligation nature theory put forward the view of this paper. Based on the inductive oftheory prove the rationality of the security obligation.The third part is the security obligation boundary is determined. This part consists of two parts, namely the connotation and denotation of safety guarantee obligation, the regulation of ourcountry current law about security obligations and perfect. Through the connotation anddenotation of security obligation carding essence security obligations for profiling. Throughreviewing the legislative, put forward the improvement of the specific recommendations.The fourth part is the conclusion of security obligation responsibility. This part consists oftwo parts, namely the security obligation theory combing, security obligation of blame the blameand perfect the law. Through the safety guarantee obligation liability imputation principle,constitutive requirements, responsibility in the form of research to define the consequences ofviolation of security obligation. On the basis of the current legislation, this paper puts forwardthe improvement of the security responsibility.