On Safety And Security Obligations Of Service Providers

Along with social economy's development, the service provider who provides consumers with services will continue to increase, and services that exist in certain risk can not be avoided. It is the service provider's basic mission and responsibility to protect consumer's safety of body and property. The service provider's obligation of security is a compositive concept beyond tort liability and contract liability. In recent years in China, in some public places, such as hotels, restaurants, dance halls, body damages occur frequently because of duty of care. The service provider violates insurance duty case is endless and our law does not make for the safety and security of service obligations to the provisions of the unification. Because there is no unified law to follow, the court decisions were different and it ruined the unity of the judicature. The Supreme People's Court 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 the service provider. Because the study of this problem in our country legislation has just started, there are some aspects should be improved.Some superficial viewpoints about the obligation of security will be put forward in this thesis through the historical and practical study methods. With a view to strengthen consumer's protection of these vulnerable groups and solve the judicial practice of the existing problems, further improve the safety and security of our legal system that has certain obligations to learn. Except for introduction and conclusion, this article falls into four parts.The first part mainly defines the concept of the service provider's obligation of the safety and security, and analyses this obligation's theories foundation. The service provider's obligation of the safety and security can be defined as the obligation that the service provider provides the reasonable protection to those who accept its services, or enter its service place as well as other legal entrants in order to avoid the personal and property damage. Theories foundation of the service provider's obligation to the safety and security includes: dangerous responsibility theory, income consistent with the principles of risk, corporate social responsibility theory, trust relations theory, social cost theory and the theory of consumer protection.The second part has analyzed the common law, civil law and China's provision of services related to the safety and security obligation. The method of comparative study is used to introduce the birth and development of the safety and security obligations in two legal systems. Finally laws and regulations and judicial interpretations that involved this institution are introduced one by one.The third part defines the nature, subject and content of the safety and security obligation. Analysis of three mainstream theoretical viewpoints that include accompanying obligations, legal obligations and contractual obligations the writer raises a new standpoint that the safety and security obligation's nature is comprehensive. Then from the point of view of judicial practice we analyze the right and the obligation body. We get that the service provider does not need to take make money as standard. Finally explain the content of the service provider's obligation of the safety and security.The four part focuses on providing security services for a breach of the obligations of tortious liability. Firstly, the writer analyzes the nature of a breach of the service provider's obligation of the safety and security and competing responsibilities. Secondly, the writer analyzes the constitution of a breach of the service provider's obligation of the safety and security. And then the writer puts forward some suggestions to improve our law. We should pay attention to the two types of violations. They include providers who provide free services and minor.