The Study On The Safety-guard Duty In Torts Law

"The Study on the Safety-guard Duty in Torts Law", this text's purpose lies in, through the analysis of related theories and law systems in other countries, especially focusing on the transaction security duty in German civil law,that we know the theoretical basis of this kind of duty, institution design and related cases, thus recognize the importance and the advance of this duty. combination of " Torts Law" in our country and the torts law theory in our country, analysis of the establishment of the feasibility and significance of related systems, so that we can arouse the attention of our scholars and People's Congress on the Safety-guard Duty in Torts Law, absorb foreign advanced achievements and promote relevant legislation and judicial."Torts Law", Article 37 provides for the existence of the safety-guard duty, but limited its scope to operators, places generally defined as hotels, shopping malls, banks, railway stations, entertainment venues and other public places.This article intends to establish the safety-guard duty in the broad extent , defines the safety-guard duty and rules of judicial practice in the legislature , so that it can solve practical problems and conflicts.In addition to the introduction and conclusion,the text is divided into five chapters.Introduction through a number of social phenomena and problems, leads to the real safety-guard duty and necessity of the theory, it can solve a wide range of problems which are controversial and important on torts law.Chapter 1 combs the concepts of the safety-guard duty of scholars and the necessary theory analysis of the situation and this point of view; Secondly, the "Torts Law" as the focus, combined with our other legislation, article by article analysis of the current status of the relevant legal norms and convergence;Finally, analyzed the Jurisprudence basis of the safety-guard duty and the social background.The second chapter focuses on the transaction security duty in German civil law, its history of transaction security obligations , the cases established by the courts . To non-infringement and indirect infringement as a focus to analyze.The third chapter describes the similar theory in the US, England, France, Japan, through comparative analysis we draw the preliminary conclusions that the common law and civil law countries presents a unified situation in the safety-guard duty .Chapter IV analyzes the theory of safety-guard duty and s the key elements of the Torts Law and its impact in shaping modern industrial society, the important role of torts law and significance.Fault and illegality is the core concept of tort law, as society changes, its meaning and features has been changing. the no-fault liability theory can be implanted torts law by the theory of the safety-guard duty .Chapter V demonstrated safety-guard duties in torts law theory , the significance on judicial practice.This conclusion is the author of some of the views of the summary and main points of induction.