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The Security Obligation Of Public Places

Posted on:2021-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2416330611492635Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the continuous development of economy,the frequent safety accidents in public places,especially in public places such as engaged in business activities or some other place for social activities and their managers violate the security obligation,in place of consumers and other relevant personnel to suffer on the personal or property damage,which led to a series of disputes.Although the tort liability law article 37 for public security obligations of the provisions,but throughout the whole system of tort liability law legislation at present,China's existing laws and regulations of public security obligation is still not perfect compared with other countries,so in judicial practice,because of the lack of perfect legislation guidance,in the determination of the public security obligation will not form a reasonable measure accurately,for a better balance between public and consumer interests,more fairness,the perfection of our legislation on public security obligation has a long way to go.In this paper,starting from the typical cases of public security obligations,and analyzes the real life facing all kinds of disputes,lead to public security obligation is the thinking of the problem,analysis at home and abroad about the theoretical foundation of the public security obligations,introduces our country public security obligation is the related content,this paper studies the obligation of the public security legislation evolution process and their respective differences.Combined with China's current regulations on public security obligations related to the deficiency,this paper puts forward to perfect public security obligations related legislation,clear the specific content and the judgment standard,to expand the scope of public security obligations,complete public security obligations related imputation principles of infringement cases,and puts forward to use reasonable to expect the rules to improve public security duty consciousness.
Keywords/Search Tags:Public place, Security obligations, Principle of imputation, Reasonable expectation rule
PDF Full Text Request
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