Theory Of Security Obligation

The requirement and importance of safety is increasing with closer social relationship interaction in society. Nowadays, there are more amounts, different types and wider scope of cases that involving security obligations. However, the definition and context in the related laws of China is still unclear, and also for the security obligations subjects of rights, subjects of duty and ways to respond for the breach of security obligation. In the practice of judicature, there could be various results of judgment in same type cases because of the different understanding of legal provisions by judges. Therefore, it is necessary to explicit the scope and reasonable limitation of security subjects, moreover, the ways to undertake the supplementary liability of safety-protection obligator in the situation which the third party get involved are still needs to be explained.The paper, exclude the introduction, is analyzed the security obligation from three perspectives. First of all, determine the definition of security obligation. The paper introduced some provisions about security obligations in foreign laws using comparison analysis. The analysis are mainly mentioned the provisions of civil law system countries like the general obligation of security care (Germany), safety obligation (France), the duty of care (Japan) and also related to the definition of security attention obligation in common law system countries. After the comparison analysis, the writer concluded that security obligation is the obligation which the natural, legal person and other organizers who engaged in the operating activities like accommodation industry, catering, entertainment, finance and etc, have the obligation of protect the human and property security of their forecasting and potential customers in a reasonable scope. Secondly, the nature of security obligation should rely mainly on the legal duty, the convention plays a subsidiary role, both the dual attribute. With the diversity of lifestyle and closed economic connection, the types of security obligation were far beyond one single type, the paper obtained the different characteristics of tourism, banking, housekeeping etc by analysis of security obligation. The paper concluded that the reasonable limitation for security obligation should be regulated. At the same time, the ability scope of rights of obligation, the sources of dangerous, specificity of protect object are the three criteria. Finally, the paper proposes that the supplementary obligation system should be improved in the situation which the third party breach the obligation, explicit responsibility sequences the of supplementary obligation and cancel the right of recourse of supplementary person in charge in the security obligation duty.