The Operators Of Security Obligations

The system about the obligation of safety is the basic legal system which protects people's personal and property security. The obligation of safety is the basic legal obligation which protects consumers' personal and property safety. In recent years, the cases about the operators breach the obligation of safety are endless in judicial practice. And it can not be given a clear explanation only in accordance with China's "General Principles of Civil Law" and "Consumer Protection Law". So the victims are often confused when they want to get help from law. And there are widely divergent when local judiciary deal with such cases, due to following different legal rules, the consumers' vulnerable status make the media give great concern in such cases, and scholars have started more further study.Based on the scholars' results, this paper gives a comprehensive analysis about the obligation of safety by comparative analysis and canonical parse. In addition, this paper brings forward many proposals on improving the obligation of safety in China. There are 5 chapters besides preface and conclusion:ChapterⅠdefines the concept of the operators' obligation of safety after analyzing the starting and development of the obligation of safety. At the same time, it explores the theoretical foundation of the obligation of safety.ChapterⅡmainly talks about the law about the operators' obligation of safety in foreign countries, such as Germany, Japan, British and American. This Chapter also points out the similarities and differences in different countries, and its implications for our inspiration.ChapterⅢfurther explains the four main sources of the obligation of safety, the nature of the obligation of safety and the kinds of the liability of the obligation.ChapterⅣdescribed the operators' obligation of safety and its main contents. This chapter gives the definition of the operators by a detailed analysis. This article holds that the operators'obligation of safety includes the hardware and software obligations. Chapter V analyzes the conditions about the operators' obligation of safety in China from analyzing legislative and judicial problems. This chapter gives detailed analysis about the principle of attribution, and then gives some ideas to perfect the legislation about the operators'obligation of safety.