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Research On The Operator's Obligation Of Security

Posted on:2009-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:L Y XuFull Text:PDF
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In recent years, with the development of social economy, there aremajor change in the type and quantity of cases of compensation forinfringement of personal right. New types of cases emerge, of which themost attention is the infringement cases of the breach of operator'sobligation of business place's security. But the obligation of businessplace's security is such a new issue needs to be researched .No morestatute to rule this case leads the confusion in judicial practice. Withthis occasion, in my thesis, I just investigate the obligation of businessplace's security. Desire this thesis could be useful to consummate ourlegal system of obligation of business place's security.This thesis includes four parts. In addition to preface andconclusions, It is near more than 30,000 words of full text. The first partis about the basic issues of the operator's obligation of safety guarantee.In the section 1, the writer probes into the basic conception of theobligation of business place's security. People think this obligationmeans the operator undertakes his law duty to guarantee the security ofconsumer, latent consumer and anyone who is inside the business place,including their property security and personal security. The section 2defines the content of operator's obligation of safety guarantee inhardware and software. In the section 3, we probe into the scope and thejudging standard of operator's safety guarantee obligation, such as thescope of space, time, obligee, obligor and the reasonable limitation.In the second part, We are going to make jurisprudential analysis onoperator's safety guarantee obligation. In section 1, we dissertate thatthis obligation bases on eight basis of jurisprudence: risk control theory,the trust benefits, making profit theory, contractual obligation theory,social cost theory, company's social duty, essential equality andenlightenment of international civil and commercial legislation and theircomparison. In section 2,we define that the nature of operator's securityobligation mainly is legal obligation with convention obligation asexception.In the third part, It is going to analyze the liability when theoperator acts against the obligation. In section 1, it is going to analyze the nature of liability of operator's safety guarantee obligation, ofwhich I emphasizes on the principle of duty of tort liability and itsconstitutive requirements. In section 2, It is about the form of liability,including the form of liability without the intervention of the third party,the form of supplementary liability with the intervention of the thirdparty and grounds for exemption, where I pay attention to discuss therationality of supplementary liability through comparison and analysis ofduty by share and the joint and several liability from common tort.However, theory always serves the practice. So in the last part, weshould pay attention to the case in judicial practice. Concurrence betweenbreaching liability and infringement liability, lawsuit structure anddistribution of proof liability is important in this part. Point to thedisadvantage in our national law system, base on the foregoing statement, Itry to make several suggested laws about how to consummate national lawsystem both substantive law and procedural law.
Keywords/Search Tags:security obligation, legal obligation, tort liability, contractual liability, supplementary liability
PDF Full Text Request
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