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Research On The Operator's Obligation Of Security

Posted on:2009-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:H SongFull Text:PDF
GTID:2166360272465378Subject:Law
Abstract/Summary:PDF Full Text Request
The law is rooted in the vitality of the community in real life this soil, in the end to social changes led to the development of the law. This paper places the operators of the undertakings of the security-related obligations on the issue. With a view to theoretical research on China's further benefit so as to provide a strong judicial practice of theoretical guidance and improve legislation on the operator's obligation to protect the security of the system.In addition to the full text of the concluding remarks, is divided into three parts.For the first part of the operator's obligation to protect the security of the main theoretical issue. The main part of the operators talk about the concept of obligation to protect the security and briefly described the operator responsible for the legal basis, after the operator of the security nature of the legal obligations of detail, and operator safety and security obligations To do with the definition of a sort, pointed out that operators of security obligations.The second part is that the operators had breached the obligation to protect the safety of civil liability. The paper is part of the sub-contract and tort liability responsibility of both sides to explore, which is on the combination of hot-related cases, the responsibility for infringement of two of the main important issues in violation of safeguards obligations and to define the principle of attribution of its The type of analysis; in the analysis of the contractual liability in the case on the same time, contractual obligations and focus on the source of the problem.The third part of the analysis of judicial practice should pay attention to the issue of improving the legislation and some of the recommendations mentioned in the part of the judicial practice in violation of existing security obligations infringement and breach of duty of the competing responsibilities, legal structure, distribution of the burden of proof And so on, and then from the substantive and procedural laws of the two aspects of how to improve the legislative proposals.
Keywords/Search Tags:safety and security obligations of operators, tort liability, contract responsibility, practice and improvement
PDF Full Text Request
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