The Responsibilities Of The Theory Of The Operator In Violation Of The Security Obligation

The safeguard obligation of the business operators means that the business operators should bear some obligations to protect personal rights and property rights of others in the certain places where they manage control. It belongs to the statutory obligations. If the damage caused by the operators by not fulfilling the proper protective obligations, they should bear the corresponding liability. The attributable principle of the business operators’ violating the safeguard obligations is the fault principle. By using the methods of the statement and analysis to state the concept and the nature of the business operators’safeguard obligations, this paper aims to state the necessity of the principle in law by combining the practice. In the Tort Liability Act, the provisions of the relief range about victim’s damage and operators’ responsibility are too vague. By analyzing the relevant theories, the writer thinks the range of the damages should include the pure economic damage and the interest damage of the "shockers" caused by the business operators by violating the safeguard obligations. Meanwhile the business operators should undertake the different responsibilities because of the different subjective faults but general supplementary responsibilities when the third party commits the tort way. The operators’ safeguard obligations in China have just started, so there are still many disadvantages. Based on the analysis of the questions above, the paper will put forward some suggestions and hope it will be beneficial to China’s legislative and judicial construction...