Research On The Safeguard Obligation Of Operators

The security obligation of operators is from contract accompanying obligations gradually to a kind of legal independence of obligation. The obligation requires operators to ensure not only their own goods or services provided by the accord with certain national standards or industry standards, can not cause harm to consumers. It also requires operators to prevent foreign unsafe factors, protect consumers from unscrupulous third party infringement. New "Consumer Protection Law" provides security obligation of the operator clearly, not only protecting of consumer rights and interests in the key link, but also giving the operator a grasp the scale of behavior. It regulates the behavior of the operators to achieve trading market win. Operators aren’t philanthropists, they owing a duty of the security of consumers should be a reasonable limit within the scope of the obligation.Breach of security obligations of operators respond to consumer liable for damages. The liability of the compensation should be direct fault within the scope of responsibility.In this paper, there are four parts besides introduction and conclusion. The first part of the introduction is "Wang Liyi and Zhang Lixia prosecute Shanghai galaxy hotel dispute". The case of operator security obligation orientation is the contract, collateral obligation is put forward in this paper, we study the point of view. The second part introduces the content of the contract theory of collateral obligation, and puts forward the lack of collateral obligation that protected mode and defect. The third part of security obligation of the operator may be defined as an independent obligation, it isn’t attached to the existence of the main contract. The establishment of the security obligation of the operator is introduced and the basic meaning, as well as the legal basis. Basing on the operator, the fourth part of the obligation of security is insufficient and gives some suggestions for perfect.