Research On Tort Liability Of Security Obligor Under Third Party Involvement

The issue of safety and security concerns the vital interests of every public.With the rapid economic development and social interaction activities becoming more frequent,people are paying more and more attention to the protection of their rights and interests.At present,infringements that violate security guarantee obligations occur from time to time,and they are developing in a complex trend,and security protection issues are being increasingly valued.In China's current law,the legislative provisions on security guarantee obligations are not yet perfect,especially when third parties are involved in infringement,and the relevant legislative provisions are few and far between,which has led to endless problems in judicial practice.At present,although the law of our country stipulates the tort liability of the security guarantee obligor,in addition,the nature of the tort of the security guarantee obligor,the elements of the tort liability and the form of liability are not systematic and thorough.This article first outlines the basic theory of security guarantee obligations under third-party intervention,and clarifies the connotation of security guarantee obligations under third-party intervention.By comparing the relevant legal provisions of national security guarantee obligations in common law systems and civil law systems,based on the analysis of the legislative and judicial status of security guarantee obligations under the intervention of a third party in China,the existing problems and controversial points are summarized.Finally,the current status of the legislation and the judiciary and the Civil Code are combined.The provisions of the Tort Liability(Draft)provide perfect suggestions for the tort liability of security obligors under the intervention of a third party.This article is divided into four parts:The first part: expound the relevant basic theory.Based on the behavioral relationship between the third party and the security protection obligor,divide its torts into three categories and analyze the nature of the behavior of the security protection obligor under the intervention of the third party,and conclude that the security protection obligor needs to bear the tort liability When the behavior constitutesinfringement,by comparing and analyzing the objective fault theory and the subjective fault theory,the objective fault theory is more reasonable.Therefore,the constituent elements of the tort liability of the security guarantee obligor under the intervention of a third party are three elements.,Consisting of damage results,fault,and causality.In addition,when judging whether the behavior of the obligor constitutes fault,different situations should be distinguished and different standards should be adopted for determination.The second part: a comparative law investigation of the tort liability of the security guarantee obligor under the intervention of a third party.This section lists the regulations of representative countries in the common law system and civil law system in this regard,summarizes the foreign doctrines and legal requirements of security guarantee obligations,and analyzes the enlightenment to the tort liability regulations of our security guarantee obligations significance.The third part: analyzes the status quo provisions of security guarantee obligations under the intervention of a third party in China.According to the existing laws and regulations,it analyzes the shortcomings and summarizes the problems.First,at the legislative level,due to incomplete legislation and inadequate laws and regulations,theoretical scholars in China have disputes over the liability form,imputation principles,and whether to enjoy the right of recovery of security guarantee obligors under the intervention of a third party;second,in judicial At the level,there are problems such as the chaotic application of the share responsibility and supplementary responsibility in judicial judgments,and the lack of clear scope of liability for security guarantee obligors.The fourth part: put forward the perfect suggestions for the problems of the tort liability of the security guarantee obligor under the intervention of the third party,which is also an important chapter of this article.First of all,the reconfiguration of the liability of security guarantee obligors should be based on the different subjective mentality of the third party,distinguishing the form of liability commitment of security guarantee obligors.When both are subjectively negligent,they should be considered and the Tort Liability Law.For the connection of Article 12,the twoparties bear share responsibility;when the third person is subjective,the obligor of security protection shall assume supplementary liability,and it shall expressly stipulate that the applicable supplementary liability is limited to the case of intentional infringement by the third person.Secondly,the limitation of supplementary liability should be limited,and the meaning of "correspondence" should be clearly defined.Finally,in accordance with the provisions in the "Civil Code Tort Liability(Draft)" of China,the necessity of the security guarantee obligor to assume supplementary liability and enjoy the right of recovery The provisions of China's Civil Code Tort Liability(Draft)are a great step forward in China's legislation,a value choice that balances the rights and interests of both parties,implements the fairness of civil law,and balances judicial interests.