Case Analysis About The Third Person Involved In Security Obligations

In recent years,the compensation cases that operators violate securityobligations when the infringement of a third person emerge in an endless stream,allover the country’s court accepted quantity also gradually increase.However,due to therelevant theoretical research in China is lagging behind,and the laws and regulationsare not perfect, similar cases in the judicial practice appear different verdict resultsbecause the judges know the difference, causing a big controversy.These cases notonly related to consumers’ personal and property rights,but also related to interests ofthe operators,therefore, the correct dealing with such cases to stabilize the socialrelations has great significance.The controversial points of Xie X and Wu X. V.Chong Qing department storepersonal injury compensation dispute case are that: whether the defendant departmentstore has a fault,whether the proof of the fault to take the presumption of fault,whether the department store to assume the supplementary liability.With thedevelopment of theory of objective fault, fault actually transformed into violate a dutyof care, in this case, the specific performance of a breach of security obligations.First,from the theoretical basis and practical needs of security obligations to demonstratethe legitimacy of department store assume security obligations when a third partyinfringement,then from the judgment standard and considerations of securityobligations to comprehensive judge department store failed to fulfill its securityobligations within reasonable limits,accordingly finds that the department store has afault,should be liable for compensation to the victim.About the liability principle ondepartment store’ responsibility,still apply the principle of fault liability,but the proofof the fault to take the presumption of fault,can protect the rights of the victimsbetter.About the ways of department store’ responsibility,clear the limitsupplementary liability and give department store a certain range of the right ofrecourse,can balance the interests of the operators better.Through the elaboration ofthese issues,trying to perfect China’s security obligations,and providing useful help toresolve similar cases.