Studies On Supplementary Responsibility Of Safety-guard Duty

Security obligation has a long history. It is formed in ancient Rome for the firsttime and developed by usual security caution obligation in German law. In China Thejudicial committee of China supreme people’s court has passed the 《The JudicialInterpretation On Cases of Compensate For Damages Of People’s Republic OfChina》and in which stipulated security obligation definitely. Then the NationalPeople’s Congress in《Tort Liability Act Of People’s Republic Of China》（carried outin2010）confirmed the security obligation, and itemized the way of undertaking theobligation. And the way is the person who didn’t undertake the obligation of securitywill undertake the supplementary duty. It is unique article created by our country butstill with defect. And the researchers always have doubts about the article. Thesemade the article hard to impact. Above all, researchers should classify the articlecarefully and only by this could we execute the law better.First of all, this article introduces the concept about the security obligation in thefirst chapter. By compared with other similar conceptions, we see the characters ofsecurity obligation. Then the article lists different laws of the world. By comparingthem,we know the way to solve the problem. In chapter3,we put forward someclause of tort liability act, and named the doubt of the author. In the last chapter, weanalysed the problem and gave the solutions.