On The Limits Of Security Limitation

As an important rule of Tort Law,the safety guarantee obligation refers to the obligation one party owes to the other party as to taking care of their personal rights and property rights in specific civil legal relationships. The rule of safety guarantee obligation has not been established in China until December19th,2003, when Supreme People’s Court published "Interpretation of Several Issues on the Trial of Personal Injury Compensation Cases ".As the rule of safety guarantee obligation has just been established, there’re several difficulties and confusions in judicial practice,especially with the situation that the reasonable range of the safety guarantee obligation has not yet been defined.On December26th,2009, Standing Committee of The National People’s Congress passed the "Tort Law of The people’s Republic of China",in which the rule of safety guarantee obligation has been established for a second time.However, it still did’t make clear the reasonable range of the safety guarantee obligation.This article makes a special study on the reasonable range of the safety guarantee obligation and brings out the point that Tort Law should make clear the reasonable range of the safety guarantee obligation.This article is divided into four parts:In Part I,this article first brings out the reality of disunity in judicial practice by enumerating several cases regarding consumers sue banks for violating the obligation of safety guarantee.Then this article makes a close study on the concept of safety guarantee obligation and also further introduces the subject,content, theoretical basis and legislation in other countries regarding the safety guarantee obligation.In Part II,this article mainly discusses the basic theory and general rules of the safety guarantee obligation.This article first analyzes its legal nature, the imputation principles of tort liability and also studies the forms and types of this particular obligation.In our opinion,the safety guarantee obligation,as a legal obligation, should apply the fault liability principle.In Part III,this article goes further to analyze the reasonable range of the safety guarantee obligation.we think Tort Law should make clear the reasonable range of the safety guarantee obligation,so we not only analyze the importance and necessity of establishing the reasonable range of the safety guarantee obligation.,but also put forward constructive suggestions to the perfection of legislation regarding the reasonable range of the safety guarantee obligation.In Part IV,this article starts from a special kind of business operator:banks.We carry out a research on how to define the reasonable range of the safety guarantee obligation in different situations as in conventional banks,self-service banks and online banks.During the discussion,we use the cases in Part I as examples.