Theory Of The Third Person Infringement Case Operator's Safety Duty Of Care

In the society, with the rapid development of economy, economic exchanges become more and more frequently, in the premises, the tort that the third person do increase day by day. For example, somebody who live in the hotle maybe robbed or killed by others; the customers’ property maybe stolen when they have the meal in the restaurant and so on, these things happen because the operators don’t pay more attention to their safety obligations. In this case, what safety obligations should be performed by operators, the responsibility should be assumed or not, and what responsibility should be assumed. These questions have a dispute in the theoty and pratice. The safety obligations of operators are named security obligations, in order to protect the personal rights and interests and property rights and interests of victims, highlight the tort law’s bascal functions:prevention and reduction harm, protect the legal rights and interests of customers, realize the credibility and efficiency of legislation and the social fairness and justice, the artile chooses the third person as the writing point of view, and try to discuss the operators’safety obligations in this special circumstances. According to comparative analysis, introducing the scholars’view that what responsbility should be assumed by operarors in the circumstances of the third person tort, considering victims’legal rights and interests, fairness and the actual situation of our country, playing the role of the law, the operators without safety obiligations should assume not really joint and several liability in the circumstances of the third person tort.Beside this, according to value analysis, the operators get profit in their business, at the same time, they should assume reparation obligation when the tort happen, the operators’rights and obligations exist. In the circumstances of the third person tort, the operators must pay attention to reasonable and necessary safety obligations, protect the victims as same as their legal rights and interests, in order to realize fairness of the law and lay the foundation for solving judicial practice in harmony.There are five parts in this article besides introduction and conclution.Part one:Defining the nature of operators’safety obligations in the circumstances of the third person tort, and discussing the jurisprudence basis of operators’ safety obligations in the circumstances of the third person tort.Part two:How to fix operators’safety obligations in the circumstances of the third person tort,and elaborating content of operators’safety obligations in the circumstances of the third person tort.Part three:For one thing,introducing elements that determine operator should assume responsibility when they don’t pay attention to safety obligations in the circumstances of the third person tort.For another thing,analysising theory of liability principle,when the victims are hurt by the third person,the operators are considered having fault.Part four:Analysising the theory of Contract Law,Economic Law and Tort Liability Law,and comparing the form of accountability,operators should assume not really joint and several liability in the circumstances of the third person tort when they don’t perform the safety obligationsPart five:Summarizing related law of our country and their fault of operators’ safety obligations in the circumstances of the third person tort,and making same suggestions.