Research On Safety Guarantee Obligation Of Operators

Safety guarantee obligation is one of the basic legal obligations of operators that ensure the consumers' person and property safety. This article displays the part of issues on the theory about operators' safety guarantee obligation and reveals the practical questions and legislation defects in the judicial practice .The article discusses the basic theory of the operators' safety guarantee obligation and analyzes the application of this theory in the product and service fields by the methods of tradeoff studies and demonstration analyses .In the end ,in order to solve the problems in the judicial practical and perfect the jurisprudence on the operators' safety guarantee obligation in our nation, the article makes several legislative suggestions on the safety guarantee obligation system .Except for introduction and conclusion, this article falls into four parts.The introduction explains the research significance about the operators' safety guarantee obligation on the operation and theory through the difference of issues on juristic theory and on practical questions in the judicial practical.The first part defines the conception of operators' safety guarantee obligation and discusses its legal nature. From above, we point out that this obligation puts the law obligation, basic obligation and active feasance as its principal and contractual obligation .additional obligation and inactive nonfeasance as its exception. In addition, this part also discusses the legal theory foundation from five facets, such as the income and risk consistency, the danger control theory, company social responsibility and so on.The second part relates to the research of the safety guarantee obligation for product. This part discusses how to recognize product defects by the means of comparative law. It discusses the product liability undertaking problems when encroachment happened under four main heads: attachment liability principle, constitutive requirements, compensation for injury and relieve liability principle. It also analyzes the defect product recall system, makes suggestions on the build of this system in our nation from the following six aspects: recall qualified institution, recall subject of obligation, recall process and so on.The third part analyzes the service defect cognizance that referring to the cognizance standards of product defect, points out that service liability should be the competition and cooperation results in encroachment liability and contractual liability, that the attachment liability principal that proper to the operator who takes on theservice liability belongs to the fault presumption principal ,the precondition that the operator should bear the liability is that the operator has some faults.The fourth part discusses the object matter of safety guarantee obligation in the business place, analyses the basic principal and stresses the third liability when the third infringe the customers' person and property rights in the business place and the operator's liability if the operator can not ensure the safety guarantee obligation. This part points out that the operator should take on complementary liability when the encroachment cases happened .It not only discusses the spec principal and the constitutive requirements of the complementary liability but also introduce the specific principal on complementary liability .The epilogue of this article abstracts the author's main idea and expresses the hope of perfecting the operators' safety guarantee obligation system.