Research On Supplementary Obligations Of Security Obligors

Safety is the basic guarantee for people's social interaction.With the development and progress of our society,people's social activities are more and more frequent and complex,and safety accidents are increasing in public places such as catering,accommodation,and entertainment as well as in mass activities.As a result,the question whether operators or organizers in these fields are liable for the compensation of the victims with personal or property losses within the scope of their management have gradually become important research objects in the tort liability law.The establishment of a safety guarantee obligation system appears to be Increasingly necessary.The "Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" was promulgated in 2003.It first established the responsibility of the security protection obligors in the form of judicial interpretation.Subsequently,Article 37 of the Tort Liability Law was promulgated in 2009.Based on the "interpretation",the liability system for security obligors was further stipulated.However,the relevant provisions of the two are different,and the security obligors since the formulation of the responsibility system,there have been many disputes in theory and practice.In the judicial case,there are many confusions in the identification and application of the system,including the principle of liability for the tort liability of the security obligor,how to determine the security assurance obligor violates the security assurance obligation criteria,how to determine the relative person's damage and the cause-and-effect relationship between the security obligation obligor,and how to judge the "corresponding"reference factor during the actual case trial.Therefore,In order to effectively reduce judicial confusion arising from the determination of relevant cases judging from the actual needs,relevant judicial interpretations should be issued as soon as possible.The obligation of safety and security is an obligation of the owners and managers of certain places engaged in social activities,including natural persons,legal persons,and other organizations,to avoid certain damages to the relative persons' personal safety and property safety within reasonable limits of attention,which do not have a trading relationship as the guideline.As a kind of statutory obligation,the security protection obligation,which is the responsibility of the security protection obligor responsible for the damage,is a tort liability.It is divided into two types:the security protection obligor's own liability for the damage caused by his fault and the third person's injury.The tort liability of the security obligors applies to the presumption of fault-finding principle of liability.Through the analysis of the tort liability of educational institutions,there is room for rationalization of the way in which security liability can be used to invert the burden of proof,which can not only reduce judicial costs,but also improve judicial efficiency.It also can more protect the legitimate rights and interests of victims.The current provisions concerning the scope of the obligations of the security obligation obligors are relatively small,and they should include private place managers and administrative institutions should also include the first obligation.At the same time,the right person is the counterpart,including not only the relative person who has a contractual relationship with the security obligors,but also all members of the public who enter the site.The judging criteria for violating security obligations must be comprehensively judged from the five aspects of statutory,industry,agreed,special treatment,and good and reasonable people.When judging the causal relationship between a person's damage and a security obligor,a two-step approach can be taken:first,the method of "if there is no or not" in the Anglo-American legal system is used,and then it is used as a precondition to use "Causality theory" to judge.For the"corresponding" judgment reference factors,in addition to the combination of the size of the fault and the force of the cause,the economic situation of the security obligor who bears the supplementary responsibility and the third person who directly infringes should be considered comprehensively.