The Attribution And The Distribution Of Security Responsibility

The article37of Tort liability law stipulated the safety guarantee obligation, but there isnot specific provision on the contents, scope and imputation principle of the securityobligation in this article and related judicial interpretation, so that there are kinds of problemsencountered in practice, which all will affect the verdict of fair and justice ultimately. As thecase bank tort damages of reference, it summaries the content of security obligation of Banks,and discusses the factors influencing the security content. On the imputation, the authorbelieves that it should apply the principle of presumption of fault, on the basis of which it hascarried on the allocation of the burden of proof between the Banks and the victim in order tobalance the interests of the parties. Finally, through the discussion of this article, the authorproposed some suggestion on the legislation of the security responsibility. This paper pointsfour parts except preface and epilogue.The introduction points to the legislative problems and the necessities of the study.The first part talks the basic facts and disputes. It summaries the main dispute of twoparties by introducing the paper of civil judgment of ZunYi Intermediate People’s Court. Thefirst shows whether the warning label obligation on the revolving door is the content of thesecurity obligations of bank; the second is how to distribute the responsibilities between theparties if the victim has fault, which are regarded as the pivot of this paper.The second part is the content of bank guarantee obligations. Firstly, this part introducesthe legislative definition and academic definition of security responsibility. Then combiningthe relevant laws and regulations it makes a detailed analysis of the content of the securityobligations of the bank. At last in the summary part it analyzes whether bank comes to timetotally combining with the case.The third part is the responsibility in violation of the security obligation. This part firstlydetermines the imputation principle of security obligation, and then it discusses theresponsibility form of security. Finally, in the summary part, it makes an analysis on theburden of proof and the responsibility allocation between the Banks and the victim combiningwith the case.The fourth part is the consideration on the legislation of the security responsibility. Inthis part the author put forward some own views on security legislation with taking practice asthe starting point. Epilogue is the part that summaries the determined conclusion of the imputationprinciple and the content of security obligation of this article.