Against The Background Of The Introduction Of A Third Operator's Safety And Security Obligations

In theory and judicial practice, there is the the Safety-guard Duty. The operator of this duty is one of the main content. The General view of scholars, the operator's Safety-guard Duty are primarily limited to providing services in its place, also known as the operator's safety duty of care. It generally refers to operators to provide goods or services, receive services within their service areas the personal and property safety, according to law or contract and should bear the safety and security obligations. This obligation is subject to legislation and the doctrine of following the result of the development. In the third person involved in the occasion, the need for operators to take the Safety-guard Duty for detailed analysis and description to be. This article is from the Supreme Court announced that the two cases proceed, detailed analysis of the theoretical and practical problems involved, and through the analysis of the case itself, against the background of the introduction of a third operator's safety and security obligations of the argument, with a view to the theory and practical benefits. This content is divided into four parts, to remove the body of a total of 24260 citations words.The first part of the problem. Bulletin of the Supreme Court by the two cases described the details, leads to the operator's safety and security obligations on the same time, to the need to discuss issues, and security obligations and contractual obligations concept of a brief accompanying description. The second part, case analysis. This section of the detailed analysis of the contents of the case. The first analysis of the case in the legal relationship, including contract and tort liability confirm the relationship between the negative. This is the core of case studies. Second, the claim of the legal relationship to explain. This includes the issue of the proper party to explore.The third part of the operator's safety and security obligations of the analysis. The papers are part of the core. First introduced the operator based on safety and security obligations and the applicable limits. Secondly, against the backdrop of a third operator safety and security obligations of accountability to demonstrate.Contractual obligations, including the introduction and accompanying analysis. Finally, the third against the security context of the operator form of the obligation to demonstrate. Focuses on ctionable issues, the principle of attribution and accountability issues.Part IV, indicating that conclusion. On the one hand, the conclusions of case studies illustrate, in response to the preceding analysis. Meanwhile, the paper's revelation and reflection explanation. Finally, a brief summary.In the language of the integrated use, including analysis, interpretation and comparison of methods, including a number of legal methods of analysis.