Research On Legal System Of Service Liability

Article 7 in Consumer Protection Law stipulate that: In buying or using commodities or in receiving services, consumers are entitled to personal safety and safety with regard to their property. When facing the law case that consumer safety is encroached on, the court has applied to the different reason.In theory, service liability and the product liability commonly are seen as the same kind of liability. Service and the product are only different in form, they are consistent in legality. But reality is not so. The difference between product and the serving have decided that service liability is parallel with product liability.Service provider should take liability when his service make damaged in service recipient's person and property. In comparison with service liability and product liability, service liability should belong to tort liability, not to contract liability. Using fault liability is suitable for the current situation of our service. As a tort liability,Serve liability should also be in line with the general tort liability elements:Offense,Results of the damage,Cause and effect, fault. The special nature of Serve liability depends on the violation of particular obligations. Security obligation is the core of Serve liability. No obligation,no liability. Security obligation sources from legislation regulation,the contract arranges,beforehand act.Security obligation is a dynamic system, it ought to be based on law case. The court should make judges based on general tort liability elements and analysis of the Security obligation.