Analysis On The Tort Liability Of Violating The Security Obligation

The tort liability for violating the security obligation has been a hot topic in the theoretical field since the legislation stipulated the security obligation.The systematic interpretation of supplementary liability is also discussed in the drafting of tort liability in civil code.The law of our country has stipulated the system of security obligation,but the article is not clear about how to determine the breach of security obligation and how to assume tort liability under different circumstances.In judicial practice,there is still ambiguity in the identification of the subject of obligation,the judgment of not fulfilling the security obligation and the application of supplementary liability,like the identification of the subject of obligation is not unified,the limit of violation of security obligation is not balanced,and the supplementary liability is not clear.By defining and studying the content scope of security obligation,this paper analyzes the factors and existing standards for the determination of infringement,and analyzes the infringement from the elements of infringement,the subject of security obligation and the limit of the obligation it should bear.As for the assumption of tort liability,this paper analyzes the form of liability and its theoretical basis,puts forward problems in combination with the existing liability system,and then identifies the situation of the assumption of tort liability.In order to better apply the security obligation system in judicial practice,this paper puts forward the improvement of the tort system of violating security obligation in China from two aspects of legislation and judicature,under the system that the security obligation is to prevent the tort caused by risk in tort law.The scope of the subject should be appropriately expanded in the existing legal provisions,adding representative sports and amusement places such as fitness centers and swimming pools,cultural exchange places such as exhibition halls and art galleries,and bathing and beauty places such as public bathrooms,which are more prone to safety accidents.As the design for liability of risk damage,the security obligation should expand the regulation of the subject so as to allocate and regulate more possible risks.In addition,the legislation also needs to clearly define the rules of undertaking supplementary liability,determine the sequence of supplementary liability and the scope of the obligor to undertake correspondingsupplementary liability.The determination of causality of tort liability should be limited in judicial judgment so it will not overburden the obligatory duty of security obligor.Besides,establish a tort liability system under the involvement of a third party.If the third party is unable to determine,the responsibility of the security obligor should be determined by its fault;When it's able to determine the third party,if it's behavior can independently lead to the occurrence of the tort,the security obligor shall not bear the responsibility;When the behavior can not independently lead to the occurrence of the tort,they should share the liability if the third party is negligent,but if it's intentional torts,the obligor should bear the supplementary liability.