The Safeguard Obligation On The Tort Law

With the continuous progress of Chinese society and economic level's promotion,people are having more kinds of and wider range of social interactions,followed by increasing security risks.Personal safety and property security issues began to receive attention.However,safeguard obligation,which has introduced by The Tort Law of China,has been absorbed and researched for over decade,still cannot solve problems properly for social aspects.It is obviously that there are still many problems within the current The Tort Law of China regarding the safeguard obligation.Within this thesis,Iwould like to start with an overview of the safeguard obligation.Base on it,discussing the emergence,development,regulations and precedents of the abroad safeguard obligation.Ultimately,raise the issues that found during the research,which exist in the current safeguard obligation in China,and give corresponding solutions.Concretely speaking,the paper will include four portions,apart from the introduction and conclusion.Firstly,an overview of the safeguard obligation.Clarify the concept,nature,theoretical source and scope of application on the safeguard obligation.Followed by the second part,the overseas reference of security obligation.The thesis mainly discusses the origin,development and provisions of the national safeguard obligation of the civil law system and the common law system,and then compares and analyzes the similarities and differences of the safeguard obligation between the two law systems.The third part,puts forward the existing problems of Chinesesafeguard obligation from the aspects of narrow subject setting;general legal provisions,supplementary liability and right of recourse,and analyzes these problems.Finally,indicate corresponding solutions and suggestions to improve,regarding the issues mentioned above.The proposal of the safeguard obligation is conducive to maintaining the balance between individual interests and overall interests of the society,which is of vital significance to the harmony and stability of the society.However,the incomplete provisions are not conducive to the realization of the original intention and the legislation.It will be perfect if the thesis could helpto improve the safeguard obligation of The Tort Law in China.