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On the Damage Liability for Violating of Safety-guard Duties

Author: WangFangXia
Tutor: LvBin
School: Anhui University
Course: Legal
Keywords: Security obligations Tort Liability Fault liability principle Liability Forms
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 17
Quote: 0
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Abstract

Security obligations in our society has to protect the socially weak balance the responsibility of social property functions are of great significance to the protection of human rights and building a harmonious society. The managers of hotels, shopping malls, banks, railway stations, entertainment venues and other public places, or the organizers of the mass activities of these occasions relative personal security obligations of law on the property safe to assume that the basic safeguards obligations. When security obligor failed to fulfill its security obligations to cause damage to a third party, the security obligations to bear the corresponding tort liability. China has come into effect, \legislators, can be seen as fully as possible, but organizers carefully limited security obligations for operators and mass activities in a particular legal relationship managers or organizers of the mass activities. With social security obligations of the system design, from the essence between operators and consumers, event managers and participants set up a concept of science, with operational risk allocation mechanism. The security obligations content including security obligations need to fulfill the obligations as well as to determine whether the obligor to bear the liability criteria. Liability of a principle of our security or should adopt the principle of fault liability, and the fault identified should be adopted constructive method is appropriate, the application of the principle can maximize the protection of the rights of human rights can be achieved, can get their rights have been infringed equitable relief, while the rights of the obligor can be well protected. Accordance with the provisions of Article 37 of the Tort Liability Act, failed to fulfill its security obligations, responsibilities, there are two types: security obligor fails to fulfill security obligations and led directly to the party of personal or property damage, obligor should assume direct responsibility for its Omission; if the damage was caused by an act of the third person to lead security obligations failed to fulfill its security obligations to deal with the damage relative to assume the added responsibility. \and too simple and formatted, the urgent need to further clarify the perfect implementation details. To improve the security obligor infringement of third party the supplemental liability form from both procedural and substantive aspects to be improved. The former refers to the complement of the overall liability assumed by the person directly responsible for the first order of responsibility, supplementary the persons liable liability is the second order of responsibility. Entity on the supplementary means the supplementary liability the amount of compensation is complementary, and the amount of compensation depends on the size of the amount borne by the person directly responsible, as well as complement the degree of fault of the persons responsible. This stage of the provisions of the relevant security obligations need to be further improved in terms of safety and security of the subject as well as violations of the obligor security obligation to assume the form, in order to establish reasonable security safeguards obligations system.

On the Damage Liability for Violating of Safety-guard Duties

Abstract

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