The Liability Of Security Obligation With Third Party Involved

With the acceleration of industrialization process and ever increasing of social interactions, people are paying more attention to security obligations. There is an urgent need of legislation to provide more comprehensive protection. Currently, provisions on security obligation are not sound yet, thus hindering the full play of tort law. In judicial practices, since judges hold divided recognition on the judging criterion on whether security obligor has fulfilled his duty in case a third party is involved, burden of proof allocation, selection of liability form, inconsistency of judge scale is inevitable. So far, studies on security obligation with a third party involved are mostly limited in one single issue such as the causal relationship between failure of fulfilling security obligations and the resulted damages, the nature of supplementary obligation, and rarely has systematic analysis of the nature of failing security obligations with a third party involved, its relationship with behaviors of the third party, constituent elements of tort liability and forms of liabilities, etc. Therefore, by referring to problems in legislative and judicial practices, this paper, adopting comparative study method and referee research method, studies the nature of behaviors failing security obligations with a third party involved, analyzes the imputation principle and constituent elements of tort liability of security obligor, and affirms the liability form of security obligor. The paper contains four parts:Introduction: Through analyzing typical cases, the paper points out discrepancies in judicial practices regarding the judging criterion on whether security obligor has fulfilled his duty in case a third party is involved, the allocation of burden of proof, and the affirmation of liability form. It also states that the current unsound legislation and superficial theoretical studies hinders possible solutions to the above problems.Chapter one: This part affirms the nature of behaviors of security obligor with third party involved. The paper categories different scenarios which combine the behavior of the third party and of the security obligor based on the variation of effects of third party behaviors and his subjective state. Then, according to the various categories, the paper analyzes the nature of security obligor behaviors with third party involved.Chapter two: This part studies the imputation principle of tort liabilities of security obligor. From the perspective of essence of imputation, object of evidence, and result of effect, the paper compares fault liability and fault presumption liability, and affirms the imputation principle of security obligation of the obligor with a third party involved.Chapter three: This part analyzes the constituent elements of tort liabilities of security obligor with involvement of third party. By analyzing specific constituent elements, the paper points out the principle and criterion to affirm the scope of security obligation with third party involved, specifies the liability scope of security obligor, and puts forward a method for judging the causal relationship between behavior violating security obligation and resulted damages.Chapter four: This part ascertains the liability form of security obligation with third party involved. The paper compares the complementary liability of current law and both foreign and domestic theories and practices related to liability form of security obligation, puts forward the liability form of security obligor with third party involved, and proposes methods for allocating specific liabilities among the third party, security obligor and the victim.