Security Obligations In The Infringement Of A Third Person

Security obligations,refers to operators engaged in commercial conduct for thepublic,into its place of business transactions or consumer customers or consumers areresponsible for the protection of their personal property from damage and unlawfulinfringement of the obligations.The nature of the security obligations,the doctrinalthere are statutory obligations and contractual obligation of two different points ofview,on the nature of the responsibility for violation of the security obligations,breachof contract, tort liability, the contracting negligence focus to different points ofview.China’s existing legal system,"Contract Law","Consumer Protection Law," TortLiability Act has provisions on the obligations of operators of security.When thecustomer’s security interests have been infringed,often occurs the problem of tortliability and liability for breach of competing issues and fault identification.Especiallyin the case of the infringement of a third person,also involves the allocation ofresponsibility.Only a correct understanding of and capitalize on these theoreticalissues,can correctly applied the law in the judicial practice.This article by the analysis of the case,described the relationship between thenature of the security obligations, a source of obligations and the legal system,and thelegal discourse on the problem of fault identification, allocation of responsibilities.The text of this paper is divided into three parts:The first part of themerits introduction and debate;The second part is the focus of analysis;The third partis the conclusion.The focus of controversy in this case is:First, whether the defendant violated theoperator’s safety and security obligations;The second is whether the defendantsubjectively at fault;The third is whether the defendant shall be liable for liquidateddamages.Fourth, the allocation of responsibilities in this case.I focus on the case, thetheoretical issues involved in each analysis,and put forward their own views,make theconclusions of the analysis.Finally, the author puts forward suggestions in this case,Aswell as several suggestions how to improve the security obligations of operators.