On The Operators Of Premises Security Obligations

Our country's "Consumers' Rights and Interests Protection Act "has stipulated consumers enjoy the rights of security, namely when consumers buy goods or enjoy the process of personal services in the purchasing place, they enjoy the right that their bodies and property safety should not be violated. Consumer safety embodies the citizen's basic human rights specifically in the specific areas of consumption which relate to consumers' body safety and property interests directly. Therefore it is the most important right of consumers'. As the main corresponding body with consumers, operators are in a stronger position in information gathering, danger prevention and solution disputation. So the law has specially regulated the operators to undertake the safety control duty for the consumers. Operators' safety control obligations for consumers include not only the goods and service should achieve the country's product quality standards and the service safety control standards, but also include the operators should undertake the safety control duty of the purchasing places. With the continuous improvement of the conception of the rights protection, the operators' safety obligations for consumers have received more attention from the whole society day by day. However, among the studies, the law educational world only paid more attention to the commodity security and the service security duty which the operators provided. Consumers enjoy all safety rights in the whole expensing process. People paid less attention to the expensing place whether it conforms to the safety control duty for the consumers. In practice, the case which the consumer's body and property rights harmed frequently occurred. For when operators provided goods or services, they failed to meet the legal safety standards of physical and property, or they failed to meet the contract agreement standards. As a result, the harmful cases occurred frequently and seriously harmed the consumers' rights. Discussing the safety control duty of operators in the purchasing place is good for standardizing the operators' management behavior, for raising operator's safety consciousness in service, for promoting the healthy development of marketing economy in our country. Also the protection of rights and interests of consumers in our country has vital significance for improving and perfecting the consumer legal system.How to recognize the nature of operators' safety control obligation in purchasing place? What does the operators' safety control obligation in purchasing place include? What is the reasonable scope of operators' safety control obligation in purchasing place and how to limit the subjective mistake? What responsibility should be undertook when the third person invade the consumers' safety rights in purchasing place? All above issues directly related to the realization of the consumers' safety right. This paper will make preliminary discussion about above issues.