Operators Of Liability For Infringement Of A Third Party Damage

There, currently, has been an increasing concern on the issue that whether or not the service providers , being the manages of various business premises , shall be liable for damages once a consumer suffers body injury due to third party' act of tort . Past studies were most related to the further demonstration of the newly implemented judicial interpretation by the Super Court of China on dameges for body injury . The related issues such as the legal foundation of the safety-ensuring obligation , the legal nature of the liability , the scope of the liabilities ,and so on , are still subject to disputes nowadays .This article studies , from both a postivist and comparative law perspective , the issues noted above on the strenghth of the analysis of relevant judgements on cases of this type rendered by domestic and overseas courts in recent years . The introduction of this article introduces the circumstance , the value and main approach of this article , and points out that related studies , influenced by the modern realization of torts , should rest on the balancing of interests and value instead of traditional mechanized analysis of corresponding conception and logic of the rules of torts .Started with the court practices and views of both domestic and overseas countries , the first part of this article discusses the legal nature of the liabilities of services previders in relation to the third party's act of tort, and comes to the conclusion that there is little significition discussing an issue that a contractual or a tort liability which the service previders noted above should be attributed to . It may not be a wise decision neglecting the contractual liability in the future legislation in the field of tort in our country .The issues that how to impute the liability of the service providers are thoroughly analyzed in the second part of the this article , meanwhile , the auther points out that the leading disputes about fault and unlawfulness would be an useful encouragement in our country in respect of dealing with the difficulties . It's rather than a law police that how to determine the scope of liabilities in facing the fact that the complementary liability implemented in the Super Court's judicial interpretation on dameges for body injury has't given the suffers enough compensation . At the same time , there exists different standards of determining the relationship between the liabilities for dameges assumed by service providers and the infringers respectively . Judicial system in our courtry , however , would not provide the foundation for transplanting the binary-devided approach which has been proven to be eff icient in overseas countries . So it seems wise to make the service providers shoulder actual loss compensation regardless of the complementary' liability in the future legislation in the field of torts in our country .Confronted with the changing structure of interests and increasing disputs in modern society , it's difficult to divide out all sorts of interests which should be securited in torts provisions in most countries . especially in our country courts will often have to meet with the omnipresent difficulty that there exists no clear provisions while they can not refuse to make a judge . The third part of this article discusses the issue of balancing of interests and value during the course of judging ,and the essentiality and promise of balancing of interests , and the issue of seeking the approach which can make the judgement, which based on balancing of interests, justiable and acceptable , Finally ,the author advocates the legal duty of safety-ensuring to security the public consuming , typed liabilities for infringers and the principle of actual loss compensation.