On The Duty Of Safety And Security Of Public Places

Recent years have witnessed increasing injuries cases in public stadiums such as hotels, schools where people suffer personal injuries and property loss due to the stadium keeper or the business operator's violation of the safety guarantee duties. However, rare discussion and studies have been put forward by legal professionals, and the laws also make few articles on the topic. The dynamic balances of the interests between the customers and business operators and the value of justice and efficiency in economic activities are the starting point and guideline to determine scope of the business operator's safety guarantee duties.Based on studies by other scholars, the article, consisting of three parts, analyses the stadium keeper or the business operator's safety guarantee duties. The first part comparatively explores safety guarantee duties of different countries and regions as a preparatory work for the whole article. The first session of this part makes a introduction of the relevant rules and regulation of the German's safety care duties, the France's safety duties, Japan's safety care duties and due care duties in the U.S. and U.K.. Relevant laws in China is also touched. Then, the part compares the different methodology of the common law and the civil law in the same legal issue due to different historical background and mode of thinking in order to have a deeper understanding of the safety guarantee duties. In the second part, the article adopts the view that safety guarantee duties should be discussed in the field of tort law. The article puts forward the view on the nature of I the safety guarantee duties, stating that the duties is one of statutory obligation and that the imputative principle should be that of presumptive tort, where the stadium keeper or the business operator bears the responsibility in case the statutory duties are violated. The part also explains the standard of presumptive tort principle and the exceptional cases free of duties. The third part defines the safety guarantee duties in our countries and makes it clear that the stadium keeper or the business operator takes the responsibility to safeguard the public's health and property safety in the domain of its operating site. The part also discusses the theoretical basis, sources and types of the duties. And at last, the article analyses the way to bear the responsibility, believing that the stadium keeper or the business operator take a direct liability in case that the injury caused by his violation of the safety guarantee duties and takes a supplementary liability in case that the injury cause by a third party's tort act, where the stadium keeper or the business operator has his own wrongs.