Research On The Security Obligation In Tort Law

Before Interpretation of Some Issues concerning the Application ofLaw for the Trial of Cases on Compensation for Personal Injury issued,There is no clear stipulation on security obligation an in our legislation,which directly influenced the judge trial of specific cases. Later alongwith “Interpretation of Compensation for Personal Injury” makes thesecurity obligation in law for the first time a clear stipulation, to someextent, to judge the case in the judicial practice has provided a legalbasis. But since entering the twenty-first century, China’s rapideconomic development has brought people more frequent exchanges betweenactivities associated with this is the personal and property safety ofpeople often suffer. In order to better highlight the law to protect thesafety and property of people, the Tort Law of2009through the act oftort liability of the regulation of security obligation has made further.Nevertheless, whether theorists or practitioners still exist manydisputes about this system, there are many problems to be studied. Incontrast, foreign started early on this system studies, such as Germany’withered case in1902and the British Donoghue v. Stevenson case in1932have begun to pay attention to the obligations that we call securityobligation, and have made considerable achievements. This paper analyzes the basis of two legal systems in comparative security obligations on thesystem of judicial practice in China appear in the practical applicationof Article37issue of tort law to fine analysis, related to the futureof judicial interpretation or legislative changes to make certain withreference to the significance of the proposal.Apart from the introduction and conclusion, it is divided into thefollowing three parts: The first chapter is about the introduction ofthe general theory of security obligation,taking the first the typicalcases leads to the target, and then mainly on theoretical origins securityobligations, the concept definition and legal basis.The second chapterof the first civil law and related security obligations in the common lawsystem to sort out, and then compare their analysis to obtain some ofthe security system in China has reference obligation revelation. Thethird chapter in combing the current the security guarantee obligations,on the basis of law, a new interpretation of two typical cases, and thenfocus and security obligations, the essay discusses the problem of thereis a close relationship, such as private is produced by want to undertakethe duty of security problems, the third person involved in cases inviolation of the security obligations, how to take responsibility,security obligation of kindness patronage, to violate the securityobligation of responsibility and the contracting fault liabilityconcurrence.