Research On The Obligation Of Security Guarantee Under The Perspective Of Not Helping In Times Of Crisi

The frequent occurrence of incidents of failing to rescue in times of danger reflects a certain degree of decline in social morality.The general requirements of morality and the general duty of care in tort law cannot solve social problems.In order to encourage social members to watch and assist each other and resolve the plight of social moral decline,China has created safety and security obligations by legal transplantation,but due to its unclear connotation and content,it is difficult to achieve the original legislative intent due to confusion in legislation and judicial application,On the basis of sorting out the connotation and extension of safety and security obligations,it is urgent to achieve the value appeal and goal of legislating to suppress evil and promote good by making rational use of existing legal systems and linking them with relevant systems,and improve social ethics.Based on this,this article analyzes and discusses the range of safety and security obligations from the perspective of not rescuing in case of danger,and links it with the system of acting bravely for a just cause.The research is carried out from the following three aspects:The first part analyzes and discusses the involvement of safety obligations in not rescuing in times of danger.Based on the phenomenon of not rescuing in times of danger,which reflects the reality of the overall decline in China’s current social moral level,it proposes the origin of the issue of rescuing moral decline with safety obligations,and then analyzes its feasibility in theory.That is,the safety obligations in China’s law originate from the social mutual assistance and transplanted German social security obligations in general situations,In order to make up for the shortcomings of purely altruistic social watch keeping rules in terms of rescue behavior and degree,reduce the inherent risks brought about by social interaction,promote the value concept of kindness and integrity,reduce incidents of failing to rescue in times of danger,and save moral decline.The second part focuses on the range and responsibility assumption of safety and security obligations,specifically analyzing the range and boundaries of safety and security obligations in Chinese law.It is believed that the range is limited to the scope of duties of the safety and security obligor,thereby forming a partially inclusive relationship between the safety and security obligations within the scope of duties and relief obligations.It also defines its boundaries from three aspects: subject,space,and content,and further analyzes and discusses within this limited scope,"If a safety and security obligor violates its obligations and fails to rescue it in danger,it shall bear corresponding legal responsibilities.".In the third part,the author debugs the rules of safety and security obligations and acts bravely in case of danger.The author believes that safety and security obligations should be included in the adjustment scope of the rules of acts bravely in case of danger,in order to confirm and protect the legitimate rights and interests of those who act bravely in case of danger,promote the core socialist values,and realize the guiding role of law on people’s behavior.