Study On The Safeguard Obligation Of Expressway Operators

Operational management of the highway has been nearly25years, with theincreasing highway mileage, people enjoying the highway brought us convenienceand fast, but also to withstand the threat of personal and property damage. FromNovember1997of the "Nanjing Airport Expressway first case" start all over highwayoperators Litigation cases increased year by year, in which the decision of the caseagainst highway operators is increasing year by year, but also by the contractualobligations of the responsible changes to tort liability, which has been widelydiscussed in academic circles, but also huge compensation after losing a seriousimpact on the operator’s production operations, therefore, only security obligationshighway operators clearly what is and how to prevent its litigation risk in order toprotect the interests of both highway users, and safeguard their legitimate rights andinterests of highway operators.In this paper, in the form of case studies, to " tell a highway Kongmou venturesand other compensation for personal injury case" for the study, combined with theviews and perspectives of the parties dispute the court, the relevant theory to analyzethe final proposed highway operators legal risk prevention path. This paper is dividedinto four parts:The first part is a case presentation and focus of controversy. By introducing " ahighway Kongmou etc. v. ventures personal injury compensation case", combinedwith the court proceedings, the focus of dispute between the two sides.The second part is the highway operator security obligations theoretical analysis.Through the highway operator security obligations from theoretical basis and the legalnature of the two aspects of security obligations highway operators to conduct acomprehensive analysis and finds that shows that our judicial practice on the highwayoperators identified as personal liability for damages tort liability.The third part is the operator’s responsibility to identify the highway. Throughthe analysis of the case the focus of controversy, pointing out that the highway operators breach of security obligations tort liability, its responsibility principle, faultand causation issues, such as comparative analysis of liability cases;The fourth part is the path to legal risk prevention highway operators. Pointedout that the booming business of highway, expressway companies Litigation casesmore frequent, requiring operators to improve the management of the highway,better protect the interests of its operations to protect the legitimate interests ofhighway users, while promoting China’s highway the healthy and stabledevelopment.