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Study On The Proprietors Duty Of Safeguard For Security

Posted on:2011-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:J F LiFull Text:PDF
GTID:2166330332972212Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy and society,the law cases of personal injury or property loss occurred more multifarious and complicated in types, and the cases increased in numbers. There were two special types of personal injury or property loss cases. One was occurred because the proprietor which was engaged in certain business activities or the organizer of mass activities did not fulfill the proprietors duty of safeguard for security, which made personal injuries or property losses of customers. Another kind of the cases was occurred because the managers of public places such as hotels, bank, market, bus station or amusement places did not do some of their proprietors duty of safeguard for security, which made personal injuries or property losses of customers by the illegal action of a third party. This kind of case was occurred frequently. As a result, the proprietor and customers had to have faced the disputes for liability to pay compensation,which also takes higher risk to the proprietor.How to deal with the contradiction and conflicts between the proprietor and costumers? Before the enactment of Tort law, it was defined as responsibility of breach of contract. However, the second kind of the law case mentioned above can only be deal with the tortious liability but responsibility of breach of contract,as there is no contractual relationship between the direct perpetrator and the victim. As a result,such cases can only be coordinated the interest through tort liability rather than be applied to deal with breach of contract.This paper's object is to analyze the proprietors duty of safeguard for security system, try to put forward a sound proposal on the system of Proprietors Duty of safeguard for security in China. The study was based on the analysis of Legal basis, comparison the legal rules between the civil law system and Common Law System.As a standard study which follows the logical way of thinking of the proprietors duty of safeguard for security ", combining the practice research of typical case, the research primarily uses the methods of literature search and comparative research. This article explores the emphasis on the victim's person and property protection, on the one hand, enables proprietors to fulfill its obligations under the security and the corresponding legal responsibility, while enabling proprietors to balance its business income and risk control, coordination, balance of interests between the parties, so as to promote China's socialist market economy, especially the development of health services.
Keywords/Search Tags:Proprietor, Duty of safeguard for security, Balance of interests
PDF Full Text Request
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