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Obligations Of The Safe And Security In Tort Law

Posted on:2016-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:D N ZhouFull Text:PDF
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Since 2007, Tort Liability Act, the official promulgation and implementation has been eight years, judicial practice, to hear part of the infringement cases have been tried to form a more coherent idea, but some of the issues of tort law scholars involved in the field of security safeguards obligations on still there is a big controversy.In the civil law and the national, security obligations Anglo-American law covered a wider area. In Germany called "safe communication obligations" in France originated in injury cases and gradually expand to the contract of carriage disputes. In the US, there is a willful infringement and negligence tort points, core negligent infringement as "reasonable duty of care" similar to the core content security obligations.For safety obligations of infringement cases in the field of security, although judicial practice "on the trial of personal injury compensation case law applicable to explain a number of issues"(hereinafter referred to as "Personal Injury Compensation Judicial Interpretation") in accordance with the provisions of the Supreme Court and "Tort Liability Law" proceed with the hearing and render a decision, but academics are still mixed on this provision, liability form especially safety obligations to protect third party infringement case, the security obligations and should bear the responsibility if the problem is to get back the right of recourse, there is "definitely say" and "no say" two very different perspectives.Through research in the field of foreign security obligations typical cases and liability approach, referring to a famous scholar Zhang Xinbao, Zhang Ming An, Wang Zejian, who works on the field of security obligations, we can find the current provisions of the security field safeguards obligations "Tort Liability Act" Our country There are many shortcomings, this paper through the analysis and discussion, made the following recommendations for improvement:First, it should be appropriate to expand the scope of the subject security obligations, it is not limited to the administrator of the organizers of a public place or mass activities.Second, a clear infringement cases security obligations, applicable principle of no-fault liability.Third, in the third person involved in security obligations under infringement cases, supplementary liability regime should be abandoned, to form a system of joint and several liability is not really the main share of responsibility, supplemented by the diversified liability system.Fourthly, liability insurance system can be introduced to reduce security obligations is the business risk.With the increasingly rich field of security and security obligations may involve all aspects of life and social activities, Elevator swallowed recent events, but also because the mall operators due to their own lack of security consciousness of duty caused, and therefore improve the safety and security obligations in the field of legislation is imminent, a reasonable set of security responsibility obligor way to more effectively create a harmonious social environment safe.
Keywords/Search Tags:security obligations, supplementary liability, joint and several liability is not true, the right of recourse
PDF Full Text Request
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