Research On The Operator's Safeguard Obligation In Places Of Business

The principle of security protecting duty has appeared early in foreign countries.Since 1990,the tort law was not only a kind of law of penalty, but also a law of protecting rights, accompanied by the application of tort law theories in China. So recent years, many principles of security protecting duty have been taken in China, and theories relative to the principle of security protecting duty have been researched deeply. As a result, the written laws about security protecting duty have been published. In recent years, the artificial persons that are engaged in business operations or other social activities in such public places as hotels and schools violate the safety-ensuring obligation and thus result in increasing disputes over the damage to the personal and property rights and interests of the consumers and other persons. Whereas, the study and discussions on the underlying safety-ensuring obligation are comparatively few, the research on its theories is not thorough enough and the relevant legal provisions are scattered. To seek the dynamic interest balance between operators and consumers and to realize justice and efficiency in economic life are the significant starting point and guiding ideology of confirming the extent and depth of the operator's security obligation. This paper will take up the questions correlated with tort liability of violating the safety-ensuring liability. After comparing and analyzing the legislative provisions of safety-ensuring liability in other countries, the author advances the concept of safety-ensuring liability, and points out that the operators engaged in the relevant social activities are under an obligation to the personal and property safety of the correlative public, which is a kind of legal obligation and defines its applicable places. At the same time its legal foundation and nature is expounded. After nailing down that it is the operator's fault that gives rise to the personal and property damage to the relevant public, and the operator should bear the tort liability, the author makes a theoretical analysis of the nature, the principle of imputation, components and types of tort liability. In this paper the writer fully proves the reasons for our adopting fault liability and the question that the operator should shoulder certain complementary compensation liability when the third person's direct injury results in the damage to the correlative public and the operator is also responsible. In the end, the author introduces the existing internal relevant, legislation provisions, and evaluates the legislative status quo of the safety-ensuring obligation in our country, and puts forward a proposal.