On Operators' Safety Obligation

"Human safety is the supreme law." Security system is a basic legal system of protecting the personal and property safety. Security obligation which is one of the most basic statutory obligations, is the guarantee of the consumer personal safety and property safety. In recent years , with economic development, the cases in violation of the operators' safety obligations emerged in judicial practice. By using the case study method, the author analyses the basic theory on the operators' safety obligations and the issues existing in judicial practice by conecting the relevant judicial interpretations and provisions with a view to the theoretical study and judicial practice about national security obligations of the operators' safety obligation in jurisprudent study.Besides the introduction and conclusion, the paper is divided into four chapters.Chapter one presents an overview of basic theories of the operators' safety obligations. Based on the definition of security obligation, the paper introduces the concept of operators' security. Then, the paper analyses the characteristics, the theoretical basis and the legal nature of the operators' safety obligations.Chapter two addresses the safety obligations of the operators. The author thinks that operators 's safety obligations lie in service facilities, the prevention and rescue obligations when rights are infringed by a third party.Chapter three analyzes the consequences of the operators' breach of its safety obligations. On the basis of the operators' breach of safeguards obligations , the paper analyzes and discusses the definition of the operators' infringement, liability bearing and "reasonable limits" issues arising from judicial practice.Chapter four analyzes the processing model of the operators' breach of security obligations. The author holds the view that tort litigation and liability insurance are two effective models of the operators' breach of security obligations. At tort litigation model, the author focuses on analysis of the problem of action subjects in judicial practice. Liability insurance in terms of tort litigation is more meaningful to our country.ConclusionsAs for operators ' safety obligations, the legal wisdom does not seem to solve all of the problems. In the article the author raises the questions "How to identify operators safeguards obligations spatial extent and time frame" and "safeguards obligations operators how to define the rights of the extension of the main potential consumers," such other issues. These aspects are also the direction of our future system operators research on security obligations.