Research On The Improvement Measures Of The Safety Obligation System In Public Places

Human security and safety control is closely related to the public places where mass activities are carried on.However,people's sense of security is weakening in thematerially rich days at present.The security and safety control mechanism is to safeguard people's right to life and health and right to property safety so that loss or losses brought about either intentionally or negligently can be minimized.As one of the values cherished by the law,the duty of safety protection in human security and safety control systems in the public places are required to be established and further improved.The Tort Law of the People's Republic of China has provided for such establishment of the said safety control mechanism,and has also provided for the application of the law,the liable parties,and main methods of assuming tort liability in performing the duty of safety protection in the public places,which has played an active role in the resolution of related disputes and the protection of rights and interests of the parties.Due to the abstract nature of the current legislation,such controversies as the connotation,denotation,and methods of assuming liability for the duty of safety protection have raised certain doubts in the judicial practices.The present article wishes to contribute to a better understanding and improvement of the duty of safety protection.In addition to an introduction and conclusion,this paper is divided into five parts.Part ? Cases to be studied.In this part,the author mainly introduces the cases,some details of the cases,claims and answers raised by the parties,and how the court of first instance and the court of the second instance dealt with the said case.Part ? The theoretical framework for analyzing the duty of safety protection.In this part,the definition of the duty of safety protection is firstly offered and then the historical development of the aid duty in civil law system countries,common law countries,and in Japanese legal system and Chinese legal system is offered,and thirdly,the incidental liability doctrine,statutory duty doctrine,and the overlapping between the incidental liability(collateral obligation)doctrine,statutory duty doctrine are provided for analyzing the true nature of the duty of safety protection.Part ? Legislation about the duty of safety protection in the public places.In this part,the author of the article has introduced the provisions in the Tort Law of the People ' s Republic of China and the Supreme People ' s Court Interpretation on the Matters of Law Application Trial of Personal Injury Compensation Cases,the problems and inadequacies in the said law and court interpretations are pointed out.Part ? The judicial practices for the duty of safety protection in public places.In this part,the author has traced to the beginning,the growth and the full-fledged development of the duty of safety protection in public places in the Chinese judicial practices,and has further integrated into the analysis of the outcomes of 37 judicial cases dealing with the duty of safety protection in public places with the purpose of exploring the shortcomings in the present working for the duty of safety protection in public places.Part ? Measures or Strategies for improving the mechanism of the duty of safety protection in public places.On the basis of analyzing the foregoing problems,inadequacies or shortcomings in the legislation and the court practices,the author believes that Chinese reality coupled with learning from foreign experiences can contribute to offering better measures or strategies for a sound system of the duty of safety protection in public places.