Research On The Reasonable Limit Of Safety Control Duty

The right of security is the most basic human right,only to have a safe external environment,people can live a better life.With the economic and social development,security obligations related issues caused extensive discussion,one of which is reasonable limits of security obligations issue.Article 6 of the "Interpretation of Certain Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" refers to the reasonable limits of the security obligations,but Article 37 of the Law of the People’s Republic of China on Tort Liability removes the reasonable limits,the provisions of the reasonable limit inconsistent provisions,resulting in the application of the difficulties.Based on the "reasonable limit",this paper explains the theoretical basis of establishing the reasonable limit of security guarantee obligation and the necessity of reasonable limit of security guarantee obligation.By comparing and analyzing the current situation of legislation on the reasonable limit of security obligations between China and other countries.On the basis of absorbing the views of domestic scholars and the legislative provisions of foreign countries,the author summarizes the principles and criteria of judging the reasonable limits of security guarantee obligations in our country.On the basis of the specific analysis of specific cases,we should consider the legal standards,industry standards,rational manager standards,security benefits of the security situation and protected objects themselves to determine whether the obligations of the ’security obligations’.Through the research of this paper,we hope to improve the "security guarantee system" of our country,and provide a unified legal basis for trial practice.