Research On The Operator's Obligation Of Security

The basic duty of operator is to protect the consumer's security, include their property security and personal security. The social economic development leads the more social risk. Operator's obligation of security began to range more fields, with merchandise and place of business.So broad sense of operator's obligation of security include there part, the obligation merchandise's security, the obligation of service's security and the obligation of business place's security.More general research of obligation merchandise's security and obligation of service's security in academic field, as the Chinese < Consumer Protection Law > prescribe cleared years ago. But the obligation of business place's security is such a new issue need to be researched. No more statute to rule this case leads the confusion in judicial practice.With this occasion, in my thesis, we just investigate the obligation of business place's security. Desire this thesis could be useful for consummate our legal system of obligation of business place's security.This thesis include there part.In the first part, we probe into the basic conceptions of the obligation of business place's security. People think this obligation means the operator undertake his law duty to guarantee the security of consumer, latent consumer and anyone who inside the business place. Include their property security and personal security. This theory base on five basis of jurisprudence: equal benefit and risk, risk control, social cost, company's social duty and essential equality. Then compare it in two genealogy of law. We can see two theories in the academic field, subordinated obligation theory and legal obligation theory. After introduced the development of the obligation of business place's security in two genealogy of law, we can draw a...