论安全保障义务——以侵权责任法为视角.pdfVIP

Abstract Security is on duty or continuing a particular danger in their own areas and responsible, to take the necessary responsibility in accordance with expectations and the possibility of security measures to prevent damage to a third person at risk obligations. It is an abstract concept, and its breadth, complexity, is difficult to grasp its comprehensive connotation and extension of the principal obligation not to give security and judge clear guidelines. Butsafety and security obligations for protection of the rights of victims and fairness, justice, the realization of the concept of significance, legislators in the development of Tort Liability Act had to tolerate the safety and security obligations unruly character, made in 37 general provision, hoping to security obligations in social development continue to expand and improve their own, and ultimately the formation of bright, plump system. However, everything has two sides. General safety and security obligations under the terms of and with time and space, people, objects, events, social life there is always the contradiction between abstract and concrete, faced with actual cases, the security provisions of the obligation in principle always appear stretched, unable to clear the facts of the case import procedures for legal assessment Therefore, the security of their legal obligation to achieve value judgments, relief the damage suffered by the victim, must carefully find out the context of safety and security obligations, such as the security content of the obligation, sources of liability form and so on. Based on this, I choose tort liability on the safety and security obligations as the thesis of the study. This paper is divided into four parts