Perfection Of Domestic Legislation Of Security Obligations Tort Liability

The Theory of the duty of safety Protection Ported from Germany and theoreticalResearch for Problem Started fairly late in our country along with the increase of Judiciallegal precedent the People’ Supreme court promulgated “Explanation about Certain LegalQuestions On Personal Damage compensate Cases”(to hereafter Refer to asExplanation)in December4,2003.The Explanation has made the stipulation which wasthe first Provision about the safe-tye on triol duty Tort Law of the People’s RepublicOf China have been into forenoon July,2010.On the base of article6Explanation, thearticle37of the law made some adjustments and changes About the Provision of duty ofsafety Protection. Duty of safety Protection’s legal Status has been formed.Although the tort liability law and the damage compensate explanation”and otherrelevant laws and regulations about security obligations rules，in security obligationsproperties，main body and the provision of the respect such as the content is not specificto the judicial clear,brings many problems in practical operation．On the level ofacademia, studies are not deep enough to get relatively uniform theories all legislativelevel regulation systematism,rationality and feasibility the new tort law remain se on tainmany disputes.Theorist sean not achieve a mutual recognition to the concept of safetycontrol duty,the legal basis,necessary to discuss the question fur iller.This article through the four parts to the topic for discuss.The first part discuss aboutBasic element of liability for violation of security obligation is the existence of theviolation. There are differences between liability for violation of security obligation andtort liability in the scope of assuming, responsibility constituent element and burden ofproof, litigation limitations as well as the scope of compensation.The second part ismainly through the continental law system and Anglo·American law system so far on the obligation of security legislation mode undertakes comparative，for research on the safetyguarantee obligation is established to provide reference. The third part reviews Article37of the Tort Liability law and article6Explanation.The finally gives suggestions on howto improve China’s law in terms of safety-guard duty.