On The Duty Of Safety And Security Of The Operator

In the judicial practice, the new types cases about compensation for personal injuries emerges one after another incessantly, in which the greatest concern is the operator infringement cases in violation of its safeguards obligations. In the past, there's no definite regulation on the safeguard obligations of operators, which leads that it is difficult to find a uniform standard to follow in the judicial practice influencing the legally fair, highly effective judgement on the case at the same time. In 2003, the Supreme People's Court announced"the Explanation of personal damages trial of the case law applicable to certain issues"which defined the obligations of operators and made it clear that the security obligations and the obligations of responsibility, so that such case had preliminary gift in the application of the law. Because this problem is just studied in our country legislation, same aspects should be improved.The article had a complete research about safeguard obligations and attempted to offer a few ordinary introductory remarks to arouse interest of other people that is more perfect in the legislation.Firstly, it has made a more exhaustive elaboration to the concept and the legal nature of the safeguard obligations, and in the basis of inspecting the foundation about the safeguard obligations of other countries and the areas it argued that the principle of the operator should being supposed to the safeguard obligations was manifested in the legislation of most nations.Secondly, The article has made the concrete analysis to the main scope of the safeguard obligations and the content of the safeguard obligations.Finally, the article referred to the reasons why the operator should taken the responsibility, the responsibility principle of it, the responsibility constitution of the safeguard obligations and the responsibility nature. It proposed that the problems about the share in presenting evidence of the safeguard obligations, the compensation scope, how to carry out the supplement responsibility and so on waited for further improvement.The article carried on the deeply analysis to the safeguard obligations by unifying the theory and the cases, which was its main characteristic.