Consumers Personal Subjected To The Third Person Encroaches On The Operators' Responsibility To Research

The primary function of the law being a dispute resolution mechanism is to determine out of various complicated facts who shall be responsible for losses occurred. Consumers aim at gains and satisfaction when carrying out consuming activities on the premises of service providers. Once a consumer suffers person injury due to third party's act of tort, such gains and satisfaction will not be achieved and the consumer will further sustain pains due to the personal injury. Under such a circumstance, it is without doubts that the third party committing the act of tort shall be liable for damages. However, whether or not the service provider, being the manager of the premises, shall also be liable is subject to disputes.On the strength of study on related judgments on cases of this type rendered by domestic courts in recent years, the analysis of related provisions in the newly implemented judicial interpretation on damages for personal injury as well as the introduction of corresponding legislations and court practices and views of overseas countries, this article studies, from both a positivist and comparative law perspective, the liabilities of service providers in relation to third party's act of tort suffered by customers on the premises of the service providers. Studies show that under the contract law and tort law system of our country, service providers shall to certain extent have the obligations to keep their customers free from third party's act of tort. Among such obligations, the safety-ensuring obligation under the rules of contract law originates from associated obligation resulting from the interpretation of legal provisions, contractual agreement or the principal of good faith, whilst the safety-ensuring obligation under the rules of tort law rests on the requirement of general legal principals of safety attention obligation as well as protective law. This article mainly elaborates the requisites constituting the safety-ensuring obligation in the two legal systems, discusses the general scope and special standards of safety-ensuring obligation which service providers shall discharge in various business premises, the cause and effect between the omission of the service providers and the damages, principles of attributing liabilities for damages to service providers, determination of the scope of the liabilities and various other related issues. Furthermore, this article analyzes and discusses the relationship between the liabilities for damages assumed by service providers under different rules of law as well as the relationship between the liabilities for damages assumed by them and the infringers respectively. Finally, this article raises corresponding opinions in respect of the choice from a legislative approach of the safety-ensuring obligation and liability of service providers, the arrangement of the content of the provisions, the limitation on the application of liability, the supplement of the system and various issues.