Research On Safety Guarantee Obligation And Liability Of Operator

According to the Laws on Products Quality and Laws on Consumers'Protection ,the basic duty of operator is to protect the consumer's security ,including their property security and personal security. With the social economic development, operator's obligation of security began to range more fields. operator's obligation of security include three parts,the obligation product security , the obligation of service security and the obligation of business place security .But 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 security. Desire this thesis could be useful for consummate our legal system of obligation of security.Except for introduction and conclusion , this article falls into six parts.In the first part, we probe into the basic conceptions of the obligation of security. We define the conception of operator's safety obligation and discuss its legal nature . We also compare the operator's safety obligation of different country .The second part relates to the legal theory foundation of the operator's safety obligation , such as the danger control theory , company social responsibility and so on .The third part relates to the research of the obligation of product security and the liability . We discuss how to recognize product security and product defect . We also discuss the safety guarantee obligation for product and the obligation of the defect product recall . At last we discuss the product liability undertaking problems.The fourth part relates to the research of the obligation of service security and the liability . We discuss how to recognize service security and service defect . We also discuss the safety guarantee obligation for service . At last we discuss the service liability undertaking problems.The fifth part relates to the research of the obligation of business place security and the liability . We discuss the obligation of business place security and the complementary liability of operator .The sixth part relates to several legislation suggestions on the safety guarantee obligation system . It includes defect product recall , service liability , the obligation of business place security and so on .