Security Obligations Research On Tort Law

Security obligations refers to an objective care behavior duty in daily life and a duty that people shall take reasonable measures to avoid the risk. All countries have recognized the concept of security obligations, but the term is different in the two legal systems. Security obligations is a complementary responsibility and one of the three major fault liability. In addition, this principle protect the legitimate rights and interests of consumers to a large extent. On the other hand, it balanced obligations of operators or public managers and achieve better trade-off between consumers and operators.Security obligations is an important concept of two major law systems.It is also one of key factors to determine infringement. The concept have a great significance to judge negligence infringement judgment in tort law. The proposed security obligations will herald the future direction of China’s Tort Law, which could tackle trade-off relations between freedom and security and balanced link among the third person, the victim and the operator or manager of public places.This study adopts the historical analysis, comparative analysis and other research methods to elaborate theoretical knowledge of security obligations on tort law. Analyzing the relevant provisions of security obligations in two legal systems. Researching the problems existed in legislation and judicial practice of security obligations on tort law.Finally, putting forward our views and suggestions for the safety and security on tort law so that contribute strength to complete laws in China.This paper was composed by five parts except the introduction and conclusion.The first part describes the different concepts of security obligations and summed up our views after evaluation and analysis.The second part used the method of comparative research to introduce evolution and development of security obligation in two legal systems.Influences on China tort law caused by foreign countries’ security obligations stipulated in legislation or judicial practice.The third part is a comparative analysis of the theoretical discourses on the nature of security obligations in different countries. It concluded that the nature of security obligations is giving priority to legal obligations and taking into account of contractual obligations.The fourth part elaborated security obligations applicable condition, analyzed the subjects of obligation and rights of security obligations, explored layer of structure, imputation principle, the type of responsibility and conclusions summarized by the author.The fifth part is the purport of the paper, it elaborated the shortcomings of security obligations and put forward proposals to improve security obligations by author.