On The Third Person Against The Interests Of Consumers Of The Responsibility Of The Operator

In human society, and consumption is closely related, we can even say that consumption is everywhere. However, with the socio-economic development and social life of the increasingly rich and diverse, people in the consumption process, the interests of consumers against a third occurrence, such as when the player dining stolen property, theft accommodation , robbery and even killed, injured when entertainment, and so on, and many others. In response, operators are legally liable? If you need to take what nature should bear legal responsibility, as well as the specific scope of responsibility should be how to determine? All of these issues are very controversial in academic circles. China's Supreme People's Court issued in 2003 "on compensation for personal injury cases to hear a number of issues of interpretation" while Article 6 provides the operator a clear security obligations, for consumers personal rights were infringed upon a third party operator of legal responsibility provide a legal basis to apply, but the provisions of an over-the principle of only two provisions of the personal injury compensation, and property rights for consumers when violations by a third party whether the operator should bear the legal responsibility and should take the nature of liability and other issues not specified. As a result of China's current legislation on consumer rights against a third person when the liability of operators of the problem there is no specific requirement, so in judicial practice, courts often blindly, to the same third person the nature of the case against the interests of consumers in different courts the result of different judgments, and some are even different. Based on this, the paper of "a third person against the interests of consumers when the operator's responsibility" as a topic, trying to Philosophy of Law, Civil Law, Contract Law and Economic Law, etc. to explain the third person when operating against the interests of consumers to bear the theoretical basis for liability, and foreign legislation and practice related to the introduction and analysis, on how to further improve China's civil law and consumer protection law regarding the interests of consumers against a third person when the liability of the operator shall put forward some useful insights.I addition to the introduction and conclusion, the total is divided into the following three parts: The first part, from the Philosophy of Law, Civil Law, Contract Law and Economic Law and so on to explain a third party when the interests of consumers against the operator liable for the theoretical basis. From the perspective of philosophy of law, the law is one of the values of the pursuit of fairness and justice. Relations in consumption, consumers in a weak position, the operator in a strong position, the operator was in the interests of the consumer process, it should be possible to assume responsibility for risk. Law in order to achieve the real essence of fairness, is bound to tilt to the consumer side, more emphasis on the protection of the interests of consumers. From the perspective of contract law, business operators and consumers to reach agreement on consumer issues, the formation of contracts, the operator has an obligation to provide consumers with the requirements in conformity with the contract goods and services, which necessarily includes the process of consumers in the personal safety and property. The operators had breached the security obligations that amounted to a breach, of course, should bear the liability for breach of contract. From the perspective of economic law, consumer protection law is an important component of economic law, consumer rights enjoyed by one of 9 major power is safe, consumers in the purchase of goods and services acceptable to the enjoyment of personal property not subject to damage to the right. Operators to ensure that consumers of personal and property security obligations, when consumers purchase goods or accept the services of their legitimate rights and interests are infringed upon a third person, the operator should not assume the obligation to fulfill security liability. Perspective on the civil law, the civil law tort liability is one of the important contents. Against a third person in the course of the interests of consumers, of course, third party damage caused by the infringement is the main reason, but the operators did not provide a safe environment for the consumer rights and interests of consumers is also one of the reasons for the injured. Therefore, the operators had breached security obligations lead to consumer personal, property damage, should bear some responsibility for the infringement. That is directly hurt by the acts of third party damage caused by the consumers fault the operators, the operators should bear the added liability.The second part, mainly through the presentation of Germany's social security duty, the French and British security obligations reasonable diligence and other relevant legal provisions, reached the following revelation: that the above-mentioned countries are to varying degrees, the law provides for the safety of the operators protection obligations, in addition to general security obligations rules, such as transport, accommodation operators security obligations also made special provisions. Not only that, these countries also adopted a series of special law, to be the protection of consumer safety, and constantly improve the development of relevant rules.The third part, on a third party against the interests of consumers when the responsibility of operators to improve the legislation. Consumer rights against third parties arising from the responsibility of the operators are not the general liability for breach of contract, often with an element of accident or force majeure. Therefore, it caused the scope of liability is not compensated in full; the operator has shifted the function of risk and therefore need to consider the extent of the operator's fault. Reality in our conditions, only to find the operators, consumers and third party relations, the connection point, in both safety and fairness under the premise of a third party against the interests of consumers when the operator's responsibility to carry out in the law clearly defined and reasonable allocation of a third person against the interests of consumers at the time of the burden of proof, the establishment of a third party against the interests of consumers when the operator's compensation system in order to achieve balanced and orderly, can play in the adjustment of the special interests of the community function. At the same time, the law should focus on the protection of vulnerable groups, to play on the protection of vulnerable groups. Improve the insurance system and social welfare system, the construction of the rule of law so that the truly become a protector of the interests of members of society.