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On The Duty Of Safety And Security Of The Operator

Posted on:2006-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:T Z WuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The operators have the obligation of safety insurance for the customers' body and property during their operating. It is the object request of the market economy's development and the advancement of the society to impose such an obligation on the operators, and it's also an important way to realize the essential justice of the society.The operators' obligations of safety insurance originate from the general duty of safety care. According to the different law relation between the operator and the customer ,we divide the essential source into contract relation ,. quasi contract relation and the operators' previous action. The obligation of safety insurance which is based on the contract relation originates from liability of payment and attached liability;The obligation of safety insurance which is based on the quasi contract relation is originated from the avoidance of fault in contracting the treaty and the contract protecting the third party .The obligation of safety insurance is formally originated from legal provision, Contractual stipulation and the principal of the honest and credit.The obligation of safety insurance is emphasized on the legal duty ,and the contractual duty is assistant .It is emphasized on the basic obligation, and the accessory obligation is auxiliary. It is emphasized on the positive action, and the negative inaction is auxiliary. The obligation is based on universality and openness, but it is also a limited "extent obligation."To define the operators' safety insurance, we should set up the principal that combine the sufficiency with the possibility. The definite standard is legal provision, contractual agreement, habitual tradition and the request for the rational person. The concrete contents include the prevention of safety , the control and elimination of safety , the help after the accident , and so on .The operators should burden the corresponding legal responsibility if he violates the obligation of safety insurance. The nature of the legal responsibility is defined according to the relation between the operators and the victims, liabilities for breach of contract, liability for tort, the two liabilities overlap, and so on. About the principal of the investigation, when the operators burden the liabilities for breach of contract, the law adopts the principle ofstrict liability;when they burden the liability for tort, the law adopts the principal of default understanding. About the judgment of causality, the law adopts the theory of corresponding causality. When the damage is caused directly by the operator because he violates the obligation the safety insurance, the operator burdens the direct liability;The operator violates the obligation of the safety insurance, but the damage is caused by the third person's direct liability ,the operator burdens the supplemental liability .The operator can reasonably defense for his violating his safety insurance that it's because the customer's default > voluntary risk and so.The writer try to systematize the resource of the operator's safety insurance, and to the different damage caused by the operators for their violating the obligation of the safety insurance, the writer gives his primary discussion about the liability's quality > principal of the investigation> causality, the liability's form, contradict cause in fact and so on .The writer looks forward to throwing out a brick to attract a jade about the safety insurance.
Keywords/Search Tags:the obligation of safety insurance, general duty of safety care, the principal of default understanding, corresponding causality, the supplemental liability
PDF Full Text Request
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