On Tort Liability For Breach Of Duty Of Public Safety And Security

Safety accidents in public places occur frequently,posing a threat to people’s lives and property safety,and there are disputes and difficulties in pursuing the relevant responsibilities for violations of public safety and security obligations,which have become urgent problems in the current legal field.The obligation of public safety and security refers to the obligation of operators,managers,and mass activity organizations in public places to protect the safety of others’ lives and property from infringement in the course of activity operations.The criteria for defining the scope of the subject of this obligation are mainly divided into the criterion of proximity relationship,the criterion of risk control and the standard of legal relationship.The legal basis for the definition of the obligor’s subject is mainly divided into the theory of risk control,the theory of trust relationship and the theory of retribution.There are four constituent elements of tort liability for public security,namely,there is a violation of public security,the counterparty with the obligation of public security is harmed,there is a causal relationship between the violation of the obligation of public security and the fact of damage,and the actor who violates the obligation of public security is at fault.In the form of responsibility,it is divided into selfresponsibility and supplementary responsibility.Together,these theories form the framework for public safety and security systems.However,in theory and practice,there are still some problems in the tort liability system of public security obligations,such as the incomplete provisions on the place of undertaking the subject,the inconsistency of the infringement determination standards for violations of public security obligations,and the improper application of the principle of fairness.In order to solve this problem and better improve the system,the scope of obligatory subjects and public places can be appropriately expanded,and the invitees of private places where crowds gather can be included in the scope of obligors,while non-commercial public places are included in the scope of public places,and the public security obligations of obligors based on close social relations can be increased.Second,strengthen the consistency of the standards for determining infringement of public security obligations,clarify the supplementary liability of public security obligors and the exercise of recovery rights,unify the standards for determining infringement,and improve the proof mechanism.Finally,rationally apply the principle of fairness to ensure public safety,strengthen the professional ethics and legal literacy of judges and law enforcement personnel,establish and improve judicial supervision mechanisms and public participation mechanisms,and ensure a fair and equitable judicial environment,so as to protect the safety rights and interests of the people and achieve a safer and more harmonious life.The research conclusion is conducive to promoting the continuous improvement and progress of the theory of public security obligations,promoting the smooth progress of judicial practice,increasing the public’s trust in judicial justice,promoting the standardization and effectiveness of judicial practice,and promoting the smooth advancement of judicial practice.