The Research Of The Safety Control Duty On The Problems And Settlements In Judicial Procedure

In recent years, there are more and more cases about the safetycontrol duty in the civil court, and the there are different types ofdefendants of these cases.the judicial discretion can be used widely inthese kinds of cases. Despite the particularity of each case, the reasonablelimit supplemental liability principles should be considered by the judgesduring the judicial process to seek to the fair and reasonable judgments.The first part starts with the introductions of four typical cases, showingthe diversity of the defendants and the different judgments around thedifferent judges, and summarizing the characteristics of the safety controlduty cases in the recent years. The second part is an introduction of theconcept, content and characteristics of the safety control duty. The thirdpart is a brief introduction and the details of the legislation of the safetycontrol duty in China, and we can find that the development of theory ofthe safety control duty has only been more or less ten years in China sincethe first cases occurred at Shanghai. In the forth part of the article, thelegislations of the safety control duty are compared between different countries and district, and we can see that wherever in the Civil lawcountries or in the Common law countries, the theory of the safety controlduty is developed with the lawsuit, cases and judgment. The problemsand dilemmas exist in the real judicial practice are investigated in the fifthpart of the article, and the reason are also be discussed in this part. In thelast part, some solutions are suggested and discussed.