Civil Liability That Operators Had Breached Safeguards Obligations

The operator's safeguards obligations is to protect the safety of consumers and the establishment of this paper, there are six parts.The first part by the first case arising from the current operator to assume security safeguards obligations, although there are the safety and security of the fragmentation, but in the existing laws in the legislative and judicial practice have not yet formed a "security obligations" and "breach of security obligations of the tort liability" such a clear code of conduct rules and referees, resulting in judicial practice on operators safeguards obligations the handling of the case from the legal basis for the magistrate to the outcome of a lot of differences, so that the system in judicial practice and the role of legislative intent far.The second part, through the system studies comparing theoretical circles on the operators safeguards obligations established by the different modes, for example, in civil law, the operator, the safety and security obligations of contract law and tort Act two major areas, safety and security obligations of the operator is tort law with contract law than in the development of the code that is the product of judge-made law, the final adoption of the Code came into effect, established the analogy applies, the security obligations infringement contractual liability or responsibility, and there is no uniform answer, and in common law system, the only area of tort law, tort law is the basis for the study, collateral obligation is the core concept of tort law, contract law had been enacted to address the business Safety protection obligations. However, it is not entirely differences in two legal systems. They still exists between certain common, Firstly, the safety and security of all first non-contractual obligations in the field will be confirmed its designated for the adjustment of the scope of tort. Secondly, the two legal systems on security safeguards obligations in the contract could have been adopting a positive attitude toward the application. Moreover in the security obligations of the sources are theoretical principles of honesty and credibility. So faced with the current system of mutual penetration, two legal system also have the possibility of convergence.The third part, from the current safety and security of the nature of the obligation that exists accompanying obligations, legal obligations, duty of care and pluralistic said that such doctrine, the theory of comparative advantages and disadvantages of several, first of all, Theoretically certain that the obligations of the statutory obligations of nature.The fourth part, considering the obligations of embarrassing security situation, the code of security obligation is judged by actual losses or damages, causality, and default in the protection of consumers, and it should avoid unfair from unlimited enlarging of the operators'security obligation except from protecting customers.The fifth part, On the basis of this study infringement liability principles, and the author of the theory circles from insisting on Liability for Fault to the principle of presumption of fault, to Liability for Fault in the main and exceptions to Liability without Fault of the possibility of a variety of common principles applicable trend of development.The sixth part, this paper analyzed the operators assume direct responsibility and indirect responsibility of the added responsibility of the two forms, the focus on the indirect responsibility of not really jointly and severally liable unlike nature, at the same time it considers the limits of responsibility, the total compensation is not in direct infringement of the people should assume total liability is limited, but on its own should not act as a commitment to the total amount of the liability limit, and compensation for use of obligation arising from unjust enrichment and requirements, and safeguards obligations to protect the interests of consumers in the legislative intent practice.