Research On The Application To Tort Liability Of The Obligation Of Security

The obligation of security written in Tort Liability Law of China is of great significance. But at present, there are still problems in the system of the obligation of security of our country, such as narrow application scope, structure chaos. With the development of the social life, new situations and problems will emerge endlessly, and new infringement behaviors and injury consequences will appear constantly, too. Accordingly, we should improve and sound the obligation of security in the form of judicial interpretation to make it more explicit and exercisable, and avoid the situations of different courts' different judgments to same cases to protect legal interests and benefits of security obligors and obliges. We should make the obligation of security a sharp sword to standardize the order of public and maintain social stability.The list of public places is quite limited in China's Tort Liability Law, while practice cases are more complicated. The obligation of security is similar to collateral obligation, contract duty and so on, but they are different substantially, because it is an independent legal obligation. The content of the obligation of security includes the insurance of facilities, equipments, instruments and pipelines, establishment of emergency exits, escape exits, fireproofing installation, personnel command-control measures and supervision-control measures to prevent, find and control dangerous situations, special emergency plans and measures aimed at special population, early warning, prevention and rescue measures in circumstance of people infringed by the third party. Control Theory is the important reason for managers and organizers to bear corresponding obligations. Weighting factors of the obligation of security consist of opening degree of public places, source of danger, and professional degree of ambulance personnel, what the responsible party has done to prevent and rescue damages occurred, and how much the responsible party has profiled.The current applicable scope of the obligation of security is limited to some omissions, and we should expand it appropriately to provide a theoretical basis and legal basis for more indirect infringement cases. Though judgment rules of cases about the obligation of security are different in different courts at present, they are similar to each other so that the fairness of judgments is ensured basically. The supplementary liability of the obligor in the case of the infringement from the third party is stipulated clearly in Tort Liability Law. In the practice the obligor undertakes the corresponding obligation of security in the range of the fault and then recovers the compensation from the third liable party. And it is the top priority to clear several key points of the kind of cases basing on relevant theory analysis and case guidance and learn corresponding provisions from other countries appropriately in the process of legislation in order to establish a perfect legal system of the obligation of security.