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The Study on the Safety-guard Duty in Torts Law

Author: TanBo
Tutor: ZhangXueZhong
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Security obligations Hazard control Illegality Fault
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 88
Quote: 0
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Abstract


\jurisprudence to recognize its importance and advancement; China's Tort Liability Act and tort theory, analysis of the feasibility and significance of our established system. In order to arouse the attention of Chinese scholars and legislation on the safety and security obligations theory, absorbing foreign advanced achievements, promoting China's legislative and judicial. Of \This article is intended to establish a system security obligations theory and system to determine the general terms and rules, in the case of legislation can not meet the needs of judicial practice, the dynamic science to solve practical problems and conflicts. Text in addition to the Introduction and Conclusion, is divided into five chapters. The introductory part of some social phenomena and problems, leads to real demand and necessity of security obligations theory, it can solve a wide range of controversial but significant tort law on many other issues. Chapter comb Chinese scholars to the security obligations theoretical research situation and make the necessary analysis and put forward the views expressed in this paper; Second, \convergence; Finally, the social background of the legal basis and the related theories focus on analysis of safety and security obligations exist. The second chapter focuses on our security obligations theoretical source of German legislation, the historical context of its transaction security obligations theory, judicial precedents established and expanded the scope of the obligations of the transaction security by German scholars in-depth study to explore the theory systems. Expand focus as infringement and indirect infringement analysis. Jurisprudence and statutes of the conditions and characteristics of the third chapter describes the Anglo-Saxon countries, France, Japan, a similar theory, comparative analysis and preliminary conclusions in security obligations the occurrence of the theory and the application process, the common law and civil law countries presents the trend of integration and reunification. The fourth chapter analyzes the security obligations theory on the key elements of Tort Liability Act and its important role in the formation of modern industrial society tort and significance. Fault and illegal tort core concept, as society changes, its meaning and characteristics through the integration of theory and security obligations updates and changes; there will be no fault liability is implanted in the theory of security obligations to maintain the tort Liability unitary principle. Chapter argumentation security obligations of tort theory of the existence of space and the feasibility of the program, improve its theory of China's Tort Liability Act and the guidance of the significance of the judicial practice. Conclusion summarized, presented the recommendations of this article is a summary of the author of some of the points in this article and points.

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