The Responsibility Of Security Protection Under Tort Law

Security assurance obligation is the research achievement of omission and the court extended applicable in related fields. View of the development of law, the research develops from only positive act to overall omission. It’s the improvement of tort law, and it’s also a feedback for resounding to risk and safeguarding security in society.It’s relatively late for security assurance obligation’s legislation in our country. The supreme people’s court on some issues of applicable law in trial of cases on compensation for personal injury 2003, article 6,first emerge security assurance obligation, and determine security assurance obligation’s subject,protective right and tortious liability.The tort liability law of the People’s Republic of China 2009,article 37,made relevant adjustment and stipulation, which is based on The supreme people’s court on some issues of applicable law in trial of cases on compensation for personal injury, article 6. The debate on Security assurance obligation always exists,and the judge applies differed in juridical practice since legislation. These problems need to be solved.The theoretical basis of security obligations is the risk control theory and the principle of integrity. In this familiar society filled with strangers, communication between each other is depend on mutual trust. This mutual trust is the premise for personal and property safety. Handhelds has the obligations to prevent danger once he opens the source of danger. Since he is closest to the source of danger, he obtains the original information and able to control the danger, he has the biggest possibility to control the danger.To the judgement standard whether security assurance obligor do his danger control obligation, I think besides taking laws and regulations,industrial standard into consideration, victim’s specificity and the possibility whether security assurance obligor do his danger control reasonable obligation should be also taken into account.The responsibility principle of breach of security safeguards obligation, from it’s applicable conditions and practical convenient operation and the effect of the case of the judicial perspective, consider a presumption of fault principle and fault principle dualism. Responsibility, in the case of a third person involved in, think again to the supplement responsibility, the author put forward by the responsibility scheme and narrow added responsibility and right of recourse against the continue to apply, in order to remove the victim to a third person has no ability to compensate for proof, at the same time, responsible for security obligor may slack off and did not attach enough importance to the duty of care question come up with a solution to institutional constraints. Combining with the condition of relatively complete relevant experience and our country and the legislative status quo, put forward his own Suggestions, in order to help for the perfection of system.