Typisierung Research Of And Referee Rules For Violation Of Security Obligations From The Perspective Of Judicial Practice

As a judge of the people's court of Zhenjiang economic development zone,I have been engaged in civil and commercial trials in the court since 2009.From the trials experience,it can be seen the number of cases related to the security obligation in china is gradually increasing,and with the characteristics of being more complicated and diversified,the trials become more difficult.Many judges choose the muddled attitude in order to end the cases quickly,however,it widely arouses public concerns,which can be well reflected from the recent death dispute case of smoking in elevator in Henan Province and the claim case of crossing high speed train rails in Nanjing.The root cause is the inconsistent discretion standard,excessive discretion power of judges and unbalanced result of judgement in the current trial of cases involving security obligation.Therefore,it has become an important task and a tough problem in the civil trial to unify the judgement standard,regulate judges' discretion power and promote the balance of trial results of similar cases.From the theoretical perspective analysis,the existing problem in the trail of cases involving security obligation are closely related to the lack of legislative and judicial approaches to the categorization of such cases.There are many types of cases involving security obligation,and different cases own their different law logic and judicial standards.In view of this,it is of great significance to analyze the classification of the security obligation and explore the scope of the obligation,the principle of imputation and the burden of proof in the cases of different types of security obligation,so as to solve the difficult problems in the trial of cases involving security obligation.In this paper,based on author's years of judicial practice work,in combination with real cases,it selects social interaction field which is more close to trail practice among other numerous security obligation fields to classify the categorization,such as the security obligation of business runners to consumers,activity organizers to participants,employers to employees,professional institutes to audiences,specific site managers to users and the holder of dangerous items to others,etc.On the basis of differential analysis on contents and discretion rules in different type of security obligation cases,this paper summarizes the common problems such as the judgement standard,the scope of responsibility,the principle of imputation and the form of responsibility,and put forward reasonable suggestions for the establishment and improvement of China's security obligation system.