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The Duty Of Safety Protection On China’s Tort Law

Posted on:2015-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
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With the continuous development of social economy, the communication between people is more and more close. However, safety accidents in the process of communication in recent years are increasing, how to avoid and reduce the occurrence of safety accidents and how to relieve the victims have aroused widespread concern in the community.Although China’s current laws on security obligations made specific provisions,there are many aspects need to be perfected,such as the scope of the obligations,the scope of the objects and the burden of Proof.Therefore,this article starts from the concept and the contents of security obligations,simply introducts foreign-related systems, and then analyzes the tort liability of violation of the obligation,finally reviewes china’s "Tort Liability Act" in the safety and security obligations. How to improve the security system in our country is the obligation focus of this article,on the basis of domestic and foreign legislation and theory,this paper proposed to expand the scope of subject of duty, clear the scope of objects of protection and reverse the burden of proof and so on.After the study,the author hopes that he has a more in-depth understanding of system security obligations.In the course of the study, the author mainly uses the method of case analysis, comparative analysis and law analysis method. Specifically this paper includes four parts: the first part introduces the concept of security obligations, a comprehensive understanding of the theory of the obligation of security; the second part introduces and evaluates the relevant institutions abroad, absorbing advanced judicial experience of other countries;the third part Profoundly elaborates the tort liability of violation of security obligation,solving practical problems,analysis the concurrence of the breach of contract and tort Liability,Clarifying the relationship between the two;the fourth part reviews of our existing security system,and make a point on how to improve the system.
Keywords/Search Tags:Security obligations, Tort liability, Analysis of responsibility, Legal Perfection
PDF Full Text Request
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