| With the increasing development of society,the frequency of activities such as dining,entertainment,socializing,and accommodation in public places is gradually increasing.At the same time,the public is also more concerned about whether their personal and property issues can be well protected during various activities in public places.Therefore,accidents caused by safety issues are gradually attracting more and more attention.The establishment of the supplementary responsibility of the security obligor provides more reliable legal protection for people’s safety in public activities,and also conforms to the current pace of social development in China.The legal term of security obligation was first proposed in the Judicial interpretation of Personal Injury Compensation,clearly stipulated in the Tort Liability Law,and further improved in the Civil Code of the People’s Republic of China.The subject and place of safety guarantee obligation were expanded,and the right of recovery of the safety guarantee obligor was formally established.From then on,the development of safety guarantee obligation gradually became mature.Although the Civil Code of the People’s Republic of China further clarifies its supplementary responsibilities and for the first time explicitly supports the right of security obligors to pursue compensation after assuming supplementary responsibilities,Article 1198 is extremely vague in its expression,which brings many problems to case handling in judicial practice.Firstly,the principle of liability attribution for security obligors should be determined,which is not only controversial in academia,The practical situations in individual cases also vary;Secondly,how to determine the scope of supplementary responsibility and what factors to consider when determining this scope are often difficult for judges to grasp;Finally,legislation grants security obligors the right to pursue compensation after assuming supplementary responsibilities.The scope of the right to pursue compensation and how to exercise it have not been provided with a clear and specific plan in the legislation.Starting from practical cases,this article conducts a thorough exploration of the judicial application of supplementary liability by randomly selecting cases,conducting data analysis,comparing similar cases,and other methods.It clarifies the current judicial application status of complex cases in practice,and identifies the difficulties in judicial application.Combined with comparative research on extraterritorial security obligations,the main focus is on extraterritorial security obligations Conduct relevant inspections on supplementary responsibilities outside the region,draw on relevant excellent experience from foreign countries,and further improve China’s security obligations;At the same time,relevant suggestions are provided to address the shortcomings of legislation and various difficulties in judicial judgments,aiming to enable judicial staff to handle relevant infringement disputes flexibly and fairly,ensuring the efficiency and authority of the judicial department’s work.Better improvement of security obligations and supplementary responsibilities can not only achieve the basic goal of judicial fairness,but also better protect the rights of civil subjects of all parties from infringement,balance the interests of all parties,and open up new ideas for the judicial application of supplementary responsibilities. |
