An Empirical Study On The Obligation Of Security Under Tort Liability Law

With the rapid development of social economy and the continuous enrichment of social life,people are getting closer and closer to each other.However,with the increasing number of security incidents,the related cases of security obligations have aroused widespread concern of the public.Article 37 of the tort liability law of our country explicitly brings the system of security obligation into the legislative level and becomes the main legal basis for resolving such disputes in practice.Regarding the system of security obligation,although the legislation has got rid of the blank state,the existing laws and regulations are too general and principles,which leads to a lot of confusion when judges apply the system to judge cases.This article starts with judicial practice,through collecting and sorting out a large number of judicial cases,summarizes the problems that need to be focused on in the application process of the security obligation system.On this basis,the theoretical content such as the concept and nature of the security obligation is studied with questions,and compared with similar systems in extraterritorial laws,which lays a rich theoretical foundation for the empirical study of this article.Afterwards,on the basis of fully grasping the theoretical knowledge of the obligation of safety and security,the correct application of the obligation of safety and security system was fully demonstrated by using empirical research methods and case analysis,including the main scope of application of the obligation of safety and security system,the principle of imputation,the type of responsibility,the causal relationship,the reasonable limit,etc.And puts forward a perfect plan for the application of the system,with a view to providing guidance and reference for judicial practice.The main method used in this paper is empirical research.After an empirical analysis based on a case,it can better explain the applicable rules of the system of security obligation in judicial practice: the subject of obligation includes managers of public places and organizers of mass activities,and the objects of protection should be treated differently according to different characteristics;The imputation principle of fault liability should be adhered to.We should diversify the types of responsibility and correctly distinguish between direct responsibility and supplementary responsibility.The causal relationship between the obligor's behavior and the damage result should be taken as the premise to judge the obligor's liability.Various standards and factors should be taken into consideration to limit the obligation of safety and security to a reasonable range.