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The Analysis Of The Supplementary Liability Of Safety And Security Obligations With Third People Invovlved

Posted on:2014-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y MaFull Text:PDF
GTID:2296330422466329Subject:Law
Abstract/Summary:PDF Full Text Request
Along With the development of society and economy, theinfringement caused by violation of security obligation alsoshowed arising trend. Safety protection, the advantages and dis advantages of whichare prominent as well, is recognized as a double-edged sword, especiallythe responsibilities of the operators or managers for the infringement orcriminal acts of a third party, which is cruising on a fuzzy edge. It doesnot accord with the trend of the development of modern law and potentialof the individual to exchange efficiency at the expense of certain safety.And social development was blocked too. On the contrary, if the stringentregulations were taken to restrain managers or site managers, not onlywould the original intention of legislation not achieved to protectconsumers, but also the arrogance of criminals would be encouraged. Thusonly the responsibility what operators or site managers should assumed islimited to a reasonable range, can the realization of the function of tortliability law be guaranteed. In the area of the legal theory and judicialpractice, the security volunteer shall assume responsibility while the thirdparty intervene, but there is still a great controversy for nature of theresponsibilities. This paper focuses on third people involved inthe security obligation under the liability analysis. Throughtheoretical analysis the conclusion that security obligations shallbear supplementary liability can be drawed. It can not only solvethe legaldilemma third infringement cases of joint and severalliabilityand liability by shares face, It reflects the fair principleof civil law, but also play a law to promote harmonious andstable social function, selectionshould be the inevitable system. Thefurther,from the legislation changes and system interpretation, it puts forward straight the specific security obligationssupplementary liability and judicial practice in the procedureset, It is expected to full play the value of safety protection system, and balance the legitimate rights of all parties, for the unity of social effects and legalThe main part of this article is divided into three chapters. The first Chapter is the propose to the preblem, which start from the two cases managed on the Court, trying to lead the responsibilities what the security volunteer shoud assumed in the condition while the security volunteer exists and the third party intervents. Chapter â…¡ was the analysis to the problem, attempting to point out the legal basis of the security volunteer assumed additional responsibilities, and present the elements which the security volunteer assumed supplementary liability on the intervention of the third party and the urgent realities of litigation setting, which is through analyse the diffence from the academics for the nature of the responsibilities the security volunteer assumed on the intervention of a third party. The chapter â…¢ was the Solutions to the problem. As a judicial organs, the Court should combine with the sufficient judicial practice to present some relevant recommendations and views from the two respects contain the elements of the supplementary liability which assumeds the security volunteer and the related litigation settings.
Keywords/Search Tags:the Involvemention of a third party, Security obligations, supplementary liability
PDF Full Text Request
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