Service Responsibility

With the acceleration of China's modernization, since the 1990s, the service industry develops rapidly, and the Service consumption together with material consumption has become an integral part of everyday life. The emergence of new things will inevitably lead to a lot of social problems, and the rise of the service industry is no exception. In China's current legal system, to resolve such disputes we can only be according to "People's Republic of China Law on the Protection of the interests of consumers". Now, the consumer's protective consciousness of rights improves gradually, how to protect the interests of consumers more effectively has become a strong topic of concern to the community.In this thesis, the author introduces the service liability, to resolve the consumer's personal and property damage in the service consumption process. This paper includes six parts, including the basic theory of the service liability, the analysis of its nature, the regulation in our country and in all the countries of the world, the appropriateness of the liability principles and the discussion to build a legal system structure of the service liability.The first part of this paper introduces the basic theory of the service liability. The author defines the meaning of service in the service liability through comparing with the products. "Services" refers to the payments from special people to another directly or indirectly to meet individual needs. The payment is invisible labor rather than a tangible product form. The concept is corresponding to the product liability.The second part is the analysis of the nature of the service liability. There are three different viewpoints, including contract liability, tort liability and double liability. The author believes that it belongs to the family of tort law and it is peculiar tort liability. It can be used only when the law has special provisions.The third part of this paper is the introduction of the service liability in the practice of our country. It mainly includes liability principle and the elements. In China, the service liability is no-fault liability principle. It means that as long as there is a causal relationship between the consumer's behavior and the consumer's damage Regardless of whether there is a fault subjective or not. In the legal system of our country, there are three elements to undertake the service liability, namely default in service, loss and causation.The fourth part of this article is to introduce the legislation of the service liability in the world. Judging from all the countries in the world, the legislation of fault liability principle is in the majority, such as United Kingdom, USA and some western countries. The legislation of no-fault liability principle is very rare, only in Taiwan and Brazil.The fifth part is to discuss the liability principle in our country. The liability principle is on a very important position in the tort law, therefore, the investigation and discussion of this problem are very important. In our country, the service industry is underdeveloped, so it can not undertake all the responsibilities. The basis of the service liability is also not consistent with the Product Liability. Requiring service providers to undertake no-fault liability is not in line with the principle of fairness. In short, the conclusion is that, our liability principle now is unreasonable. My suggestion is to apply the fault liability principle, but the service provider should be presumed to have faults until the opposite is proved.In the last of this article, based on the analysis of this paper, the author views that our country needs badly to structure the service liability system being suitable to our country. She also brings forward some suggestion. We hope that the service liability can be developed rapidly in the legislation as well as theoretical study, so it can meet the needs of the modern consumer market, handle service disputes properly, and protect the interests of consumers better. As the result, the economy of our country will be developed fast, and the people life will be especially happy.