Copyright Ownership And Utilization Of Research Dissertations

The safety-guard duty is the protection duty also the property safety between natural person, legal person and other organizations which have special relationship. Duty undertaker is the subject of the safety-guard. The "Judicial interpretation of damages for personal injuries" issued in2003by the Supreme People Court first declared that natural person, legal person and other organizations in all social activities are the subject of safety-guard duty. While the tort liability law issued in2010changed this to event organizers and administrators of public places like banks, station or some entertainment places. The scope is smaller and the definition becomes clearer. But it is not clear enough. Considering the un-clear concept and corresponding new cases, it is very necessary to re-define the scope of duty subject. Currently there is still dispute on this subject in academic worlds. The definition of this subject is an urgent task which legislation and judicial circles must done.In this article, we will first elaborates the concept of duty subject, then illustrate necessity of doing research on this subject by three groups of typical examples. Then go further by looking the standard, and do analysis based on law of other countries. At last, we get back to the status of legislation and judicial practice in our country and elaborate the thinking in our legislation, judicial about the scope of the duty subject. We use historical analysis, theoretical, comparative and empirical analysis in this article. There are three parts in article which are introduction, text and conclusion. Again the text part includes four chapters. First chapter: it states the safety-guard duty concept and its subject, makes definition of extension and connotation of them. Then it show the status, issues and significance of studying this subject by introducing three group of cases. Second chapter: Firstly, it shows the general standards and specific standards of clarifying the scope. Then it tries to do typify study based on researches about law from other country. Third chapter:It states the status and defect of our legislation and judicial. Fourth chapter: it provides legal thinking refer to practical and theoretical aspect. The legislative provisions include judicial interpretation, the tort liability law and other laws and regulations.