Discussion On Security Obligations Of The Operator

Security obligations of the operator theory had gradually developed along with the social and economic development. more and more disputes of cases focus on the operator's security obligation. The core of arguments in these cases is whether the operators who have breached the duty of security take an infringement or breach of contract and take the full complement responsibility or liability limits. The core of the dispute is not clearly defined in The provisions of Article VII in Interpretation of Many Problems of Applicable Laws in Connection with Hearing Personal Injury Compensation Case as issued by The Supreme People's Court and The provisions of Article 37 in The tort law of the People's Republic of China.In addition to this introduction, this paper is divided into three parts.Chapter I: Introducing the definition on security obligations of the operator. Through the analysis of the system of Security obligations of the operator about several major countries in the world that infers the common is that security obligations exist since the operator can control a particular place, that "control theory", but there is no clearly defined the operator is to assume full responsibility or additional liability limited which infers the nature of the legal obligation is legislated by law, combined with the main content of the obligation, summarized the definition of security obligations.Chapter II: it is analyzed the Security obligations of the operator from the the perspectives of Infringement and breach of contract. First analysis the concept of the fault, Illegality, statutory rights and the rights intended to be, absolute power and relative power of, to understand the meaning of infringement and breach. Second, from the point of the occurrence of debt, it is analyzed the common between infringement and breach of contract is against the rights; against the right placed by intention and content legislated causes infringement and breach of contract from different angles; against the right placed legislated and content legislated causes infringement and breach of contract from different angles; Then In view of Security obligations of the operator is placed by law and content legislated, so against the obligation constitutes infringement and breach of contract. Finally from the fault, causation, responsibility principle, the principle of complementary in the allocation of responsibilities, exemptions, it is analyzed the nature of against the Security obligations of the operator.Chapter III: Proposals on improving Chinese security obligations of the operator. First introducing the legislative status on Chinese security obligation of the operators, From Article 6 of interpretation or Article 37 of People's Republic of tort law, it is ruled that the operator bear additional liability limited and without claim for the operators to bear the burden of proof. Secondly, Proposals on infringement for Breach of the duty of security obligations of the operator and breach of contracts for voluntary commitments, take the full complement liability, the principle of presumption of fault on fault attributed, provided exemptions namely: fault or consent of the victims, harm of consumers from third persons, force majeure, and product liability case.