Research On Liability In Tort Of Violating The Security Obligation

Safety is the most important right as a human right, is the object of the legislators and the judiciary key protection. In order to meet the needs of social development, to effectively protect the interests of citizens and safeguard the basic human rights of citizens, law creation and development of the concept of security obligations. Security obligations with the continuous strengthening of the concept of human rights protection and gradually enriched. Infringement on the security obligations is a more complex system.which includes a strong theoretical and practical problems." Tort Liability Act" of2009through the first clear security obligations, however, scholars have security obligations for the concept itself, there is a lot of debate legislative, judicial and theorists are still many problems can not be solved. Theory and practice of these problems reflect the security obligations of the complexity, the study also reveals the urgency of their problems. In this paper, namely, the core issue of infringement liability issues as the main research content, investigate security breach that standard obligation, breach of security obligations causality analysis, a clear breach of security obligations applicable to responsibility principle, as well as breach of security safeguards obligations assumed tort liability study the issue, with a view of security obligations have a deeper understanding of our legislation and advice.This article is mainly composed of preface, text and conclusion of three parts, a total of about thirty thousand words in full.The introduction part mainly introduced the selected topic background and significance, research status at home and abroad, and this article innovation point, thus lead to the main body of this paper to.Body parts, mainly through literature, empirical analysis, case analysis, comparison, etc., from an overview of the security safeguards obligations, research and civil liability applicable to the practice of many other aspects of the analysis and appraisal. The text is divided into six chapters.The first chapter is an overview of security obligations. The first section analyzes the security obligations connotations. First introduced on our sense of safety and security requirements and obligations, as well as academic connotation security obligations of the different understanding, and then introduced the foreign provisions on safety and security obligations, then the combination of theory put forward their views at home and abroad. Section II security obligations characteristics from the main obligations has been infringed, obligations and duties of purpose made four aspects elaborated.The second chapter of the breach of security standards for the identification obligation Analysis. First, the content security obligations from facilities and equipment safety, safety management services in place of insecurity tips, instructions, advice, correct and timely rescue and special protection for vulnerable groups identified five areas, as a basis for the breach of security behavioral safeguards obligations divided into four types:non-compliance to prevent or stop the infringement acts; eliminate hidden dangers of human behavior unfulfilled; eliminate workplace hazards behavior unfulfilled; does not fulfill this, instructions, assistance obligations behavior, finally proposed breach of security security considerations standard obligations.The third chapter of the breach of security obligations causality analysis. The first section introduces the concept and scope of the damage, were second section discusses how to identify when the injury causation and breach of security obligations behavior in the absence of the third person involved in acts of a third person and behavior intervention.The fourth chapter describes the breach of security obligations applicable rules principles. Firstly, the nature of the fault under security obligations and the principles applicable for the current debate introduced the principle of fault liability and presumption of fault liability principle, and made the author in favor of the principle of presumption of fault causes.The fifth chapter is to study the problem of illegal security obligations bear tort liability. The first section is the determination and allocation of responsibilities tort liability for non-behavioral intervention when a third person made their views. Section II is the focus of this chapter focuses on the safety and security obligations bear the added responsibility of understanding the behavior of a third person to intervene, because this is the creation of our rules, Exploration and therefore to be carried out. Section Ⅲ is a security obligations tort liability exemptions, exemptions from the general, according to the particularity of security obligations and do a special analysis.The sixth chapter is in violation of legislation on safety and security obligations of tort liability perfect. First introduced legislative status quo security obligations for the main security obligations, identification of illegal conduct security obligations and the burden of proof is unknown standard issue to present their views in order to make recommendations to our legislation.The conclusion is a summary of this article.