Analysis Of The Security Guarantee Obligations In Tort Liability

Introduced in the supreme people’s court on the trial of cases on compensation for personal injury to explain some issues of applicable law,is not in our current law to the provisions of the security obligation is only in some laws,regulations and rules made specific provision,the explanation while puts forward the concept of\"safety guarantee obligation\" and general provisions,but its legal nature still belongs to the judicial interpretation.In our country in the form of basic law establish the status of security obligations,preliminary form the security obligations,legal system,is based on December 26,2009 by the\"tort liability law of the People’s Republic of China\".Reaffirms the tort liability act\"people compensate explain" provisions on security obligations,this is the first time that our country specified in the legal safeguards obligations,to protect people’s personal safety provides a clear legal guarantee.In article 37 of the tort liability act in the safety guarantee obligation to make the general rules and but in the face of the actual cases,the provisions of the safety guarantee obligation principle always seem to be too general,not clear legal evaluation of actual judicial case,in order to make reasonable judgment.Because security obligation is an abstract concept,it has characteristics such as universality,complexity and comprehensive,it is hard to accurately grasp the connotation and denotation,lead to can’t give judge and security obligation subject clear direction.If so,in order to achieve security obligations of legal value judgment,safeguard the rightsand interests of the victims must also study clear train of thought of\"safety guarantee obligation\",such as the obligation of security guarantee the necessity,feasibility,reasonable limit,etc.Based on this,the author choose the security on the tort liability law obligation as a research subject of the graduation thesis,so as to promote the improvement of the security obligation system,to better promote the application of this system in judicial practice.