Operators' Liabilities Occurred In The Third Party's Infringing Upon Consumer's Rights

In recent years, it damage to property rights cases emerged from public place in result of the third party against consumers' right one after another, such as the famous CASE "Galaxy Hotel in Shanghai" and CASE "WuYueHua explosion." In such a situation, the implementation of the third violations should be held liable for compensatory damages without doubted. However, on the theory and practice while there are significant differences on whether the operators, an actual manager and controller of the arcades, should also take on responsibility for damage compensation commitment. In this paper, first of all, the author will use a comparative analysis and empirical analysis method to conduct a discussion and analysis on the reason of why operators have to assume responsibility for a third party's act of tort. And then combining the research on the legal basis of operators' responsibility, the author will define the responsibility nature and shape of the operators'. On this basis, the author would review China's legislation on the issue of inadequate and makes a corresponding improvement for the maturity and perfect in our country.First, the introduction explored the theoretic origin of why operator should take responsibilities from a positivist and comparative law perspective, namely that the operator should be liable to the consumers because of the. In addition, the author expounded the legal theory foundation of the operators' safety-ensuring obligationfrom following six facets——the theory of benefit, the theory of risk control, thetheory of reasonable trust, company social responsibility and so on.In Chapters II, the author discussed the nature of the operator's responsibility. First, the author analysis the nature of the operators' safety-ensuring obligation through the study of comparative law, and then define the operators' nature from two respect which conclude theory and legislation, namely that they should take responsibility for tort law at this circumstance. After that, the author re-examine the classic Cases "Galaxy Hotel in Shanghai".In the third chapter, the author introduced the general tort liability constitute elements at first, and then analysis the responsibility of the operator based on the principles of attribution of responsibility. After that the author draw a final conclusion that is the operator should accept "not really responsible".In chapter IV, the author summarizes the status of the relevant legislation and inadequacy, including the operator's safeguards obligations not directly into the relevant legislation, the existing legislative trends on the nature of responsibility and the responsibility of the main provisions are an uncertainty, such as the lack of the protection of the right of property right and a lack of legislation and so on. At last, the author purposed to bring forward rationalization proposals to perfect views.