Research On The Safety Guarantee Obligation Of Hotel

"Human safety is the supreme law." As the saying of the British jurist Thomas Hobbes, safety which is one of the values of law has been receiving a universal attention and inviting widespread concerns in social life. As the most fundamental and primary right, consumers' right of safety guarantee is explicitly regulated in the 7^th item of our country's Law on Protection of the Rights and Interests of Consumers. Correspondingly, the 18^th item of the Law regulates operators' safety guarantee obligation to consumers clearly. This paper defines the operator to hotel.By multipurpose using the methods of history, comparison and positivism, this paper tries to analyze problems about conception, legal qualities, lawful foundations, limitations, concrete contents and liabilities of hotel's safety guarantee obligation. Then attempts to find effective measures to achieving the obligation, guaranteeing consumers' legal rights practically and balancing the interests between operators and consumers.In order to explain the present research situation and development trend of domestic and overseas, this paper summarizes documents before the context, about 10,000 words, to comment on the regulations and research results comprehensively. The context includes the following four chapters, about 30,000 words. Chapter one defines hotel and consumer. On the basis of defining the conception of hotel's safety guarantee obligation to consumers, the thesis discusses the legal qualities and lawful foundations. The paper points out that the obligation puts the legal obligation, basic obligation and positive obligation as its principle qualities, but not to gets rid of the contractual obligation, subordinate obligation and passive obligation in some cases. The lawful foundations includes the following six facets, the income and risk consistency theory, dangerous control theory, company's social responsibility theory, saving social total cost theory, equal idea in essence theory and trusting relationship theory.Chapter two expounds the concrete contents about the obligation. It stems from legal regulations, arrangement of contracts, principles of honest and credit, and originates from the requirements of general society activities. The article elaborates the hotel's four concrete aspects obligation on facilities and equipment, management in service, serving children, the third person infringes consumers' rights in hotel by citing some examples.Chapter three illustrates hotel's liabilities when violating the safety guarantee obligation to consumers. Tort liability is the main quality, and there exists contract liability in some cases. The main principle of liability imputation is doctrine of liability for wrong. The tort liability which is analyzed with an emphasis has four constitutions: hotel's conducts that violate the safety guarantee obligation to consumers; consumers harmed in the management limitation of hotel; there exists cause and effect relationship between violating conducts of hotel and harm of consumers; hotel has fault in violating conducts. In the aspect of the form of liability, it is classified into direct liability and complementary liability according to consumers' right infringed by hotel or third person. Compared to not-real-joint liability and joint liability, the paper expounds complementary liability with an emphasis. In order to explain the liability clearly, the article illustrates with the example of Wang Liyi & Zhang Lixia v. Shanghai Yinhe Hotel. Chapter four attempts to find the effective ways to achieving the obligation. It concludes two facets, one is measures of hotel, and the other is cooperation of consumers.