Security Assurance Obligations Research

In recent years, because of the public to unsafe situations, such as bank, restaurant, hotel consumers fell down and injured accidents occurred frequently, causing staff personal and property damage, such cases emerge in endlessly. In such cases, the operators as a public place, organizer, should bear the responsibility, responsible for the basis, infringement or breach of contract? And in some cases, there are criminals in public to robbery, the victim's damage situation, at this time as a distribution site owner or administrator is it possible to claim to the third person's illegal behavior from its own responsibility? To answer the above questions, it has to discusses the basic theory of security obligation.The supreme people's court on the trial of cases on compensation for personal injury to explain some issues of applicable law in 2003, published for the first time the concept of security obligation. In the long run, according to our country's legislation thinking, the tort liability act in 2009 from the perspective of the statutory provisions of the security obligation. Must be clear, security obligation subject not only limited to the provisions of article 37 of the tort liability act of several types, including the tort liability law article 38, article 39 and article 40, all involves the compulsory subject in violation of the security responsibility.This article from the history of the security obligation, concept, characteristics and present situation analysis, points out the security obligation existing problems under the system in our country. At the same time, the results from the compulsory subject, tort, damage, causality four aspects: the components of the comprehensive analysis of the security obligation. Finally, this article through the security obligations and not as tort, contract accompanying obligations of comparative analysis, concluded that the obligation of security guarantee imputation principle for fault principle, and through the analysis on a special form of infringement by a third person, the security obligations of the obligor to general fault imputation principles, and take the second line of supplementary liability to pay compensation. After the obligor shall bear the liability for compensation, this paper argues that inappropriate to give taxpayers to exercise the rights of recourse against the infringer.