On The Reasonable Limit Of Security Obligation

In recent years, a growing number of trial practice with regard to violations of safety and security obligations staged disputes, social security issues become increasingly prominent. Supreme People’s Court "on personal damages applicable to a number of issues of interpretation" (hereinafter referred to as the "interpretation") Article 6 first proposed the "security obligations" of the concept, scope and security obligations made a "reasonable limits the scope of "restrictions, however, since the standards are too abstract, judicial practice is difficult to grasp. "Tort Liability Act," Article 37 pairs security obligations are further provisions, unfortunately, which not only failed to "reasonable limits" for further definition, even "reasonable limits" did not mention that such legislation led to chaos guide judicial practice of codefendant different sentence. This thesis describes the life of a case of damage occurring in the hospital, combined with reasonable limits of safety and security obligations of this case the focus of controversy analyzed. The first part introduces the basic case, summed up the case the focus of controversy. The second part discusses the controversy surrounding the expanded focus:Firstly, the medical institutions do to the security obligations of the general criteria, the case come to the hospital to make the general standard of safety and security obligations conclusions; secondly, the third for the analysis of this type of case human cases of violent crime, the hospital did not have the security obligations of crime prevention and control, in which case the hospital’s security obligations for ex ante obligations and to draw attention to the rescue when the alarm obligation; Finally, in the present case the court applied the principle of presumption of fault of different views, advocate general grounds applicable fault liability. The third part is triggered by the case of Scott, discusses the security obligations should be based on "reasonable limits" as the fundamental, proposed a "reasonable limits" quantitative criteria border.