Analysis Of The Operator’s Security Safeguards Obligations When There Is An Infringement Of A Third Party

In recent years，with social and economic advances， people are faced with all kinds ofrisks are increased，followed by a gradual increase of the personal injury compensation cases，the traditional tort law in the adjustment of new social relationships highlights theirlimitations and drawbacks. In the current judicial practice，the more typical cases are: Theorganizers of the business or social activities in violation of the security obligations，at a timewhen the danger has occurred or is likely to occur，there is no or lazy to take certainprecautions， resulting in the loss of person or property of others， but such caseslargenumbers of them in judicial practice. This article from the typical case as an entry point toanalyze the problems of the operator’s security obligations in judicial practice， as well as thedifferent views that exist in the specific applicable laws. Combined with the just enacted theTort Liability Act safeguards obligations on operators， and analysis of defects in thelegislation， and then put forward a sound proposal.This article is divided into three parts：The first part briefly review the basic facts of thecase，and a brief introduction to the original defendant， the arguments on both sides，and thejudgment of the Court，and then there is an abstract generalization for the cases of legal questions and issues， theoretical and empirical analysis as the foundation for the following；The second part is the main body of the text，this section focuses on the theory of theoperator’s safety and security obligations， how to determine whether the operator is at fault，the identification of fault and causation， as well as breach of the obligation the responsibilityof the theoretical analysis， and the Court’s judgment in each issue to be an empiricalanalysis； The third part is the conclusion by combing the entire case， combined with theprovisions of the Tort Liability Act，37， put forward a sound proposal to the defects in thelegislation.