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近年来,违反安全保障义务的侵权行为作为一种新型的侵权行为,在社会生活中大量产生,引起了学者的注意,而对于这种责任的承担也随之加入讨论。自《侵权责任法》将安全保障义务以专门的条款规定以来,关于其法律性质存在不少的争议,而厘清安全保障义务的性质对于明确侵权责任具有重要意义。本文旨在梳理学者们对安全保障义务法律性质的意见,并在此基础上浅谈笔者对安全保障义务法律性质的看法。
In recent years, as a new kind of infringement, breach of the obligation of safety and security has been produced in a large amount in social life, which aroused the attention of scholars. And the commitment of such responsibility also joined in the discussion. Since the Tort Liability Law stipulates the obligation of safeguarding with special terms, there are many controversies about its legal nature. To clarify the nature of the obligation of security is of great significance for clarifying the tort liability. The purpose of this paper is to sort out the scholars’ views on the legal nature of the obligation of safety and security and on the basis of this, I will briefly discuss the legal nature of the obligation of safety and security.