Study On The Operator Safety Control Duty System

The existence of any law is to protect the interests of some. Contract law is to expect benefits of theparties to a contract to provide protection, criminal law is to protect the social public interests andprotecting the legal interests of tort law? Initially, the negative theory of tort law, tort law is a kind ofbehavioral resistance method and the behavior punishment method, through to the defendant and othersocial public to intimidate and deterrent, is that they are no longer in the future implementation of the sameor a similar crime or tort. And by the1970s, theory of law has abandoned the traditional theory, thenegative to the positive theory of tort law, thinks that tort law is actually the rights thereof, he protect theinterests of a series of important, to prevent these interests are infringed. This theory in the field of securityobligation performance is particularly prominent.Security obligations, refers to the person to be engaged in some activity, if you can reasonably expecttheir behavior may lead to damage others’ rights and interests, the offender will need to take some measuresto prevent the damage. In legal theory and judicial practice, operators of the security obligation is one ofthe important content. In accordance with the academic point of view, the operators of security obligationsis primarily law set for operators, within reasonable limits of legal responsibility, mainly limited to providerelated service areas. Refers primarily to the operator for the relevant people to provide goods and services,in the relevant service area of the personal property security in accordance with the law and the need to takethe security obligation. Operator’s security obligations is the result of theory development and thelegislation shall inherit.In recent years, China’s security obligations to operator to compare the heated discussion, mainlythrough the comparative study and analysis of the countries, on the basis of summarizing the experienceand national laws, combined with the current law in our country development present situation and theactual situation, to our country of the operator safety guarantee obligation theory of preliminary discussion.However, due to modern legal system in our country starts late, clear legislation put forward as early as2003, in the form of theory to study too late, so a lot of deficiencies, especially the operators how to withina reasonable limit of obligation of security guarantee, without a clear direction, even if the judicial practice is more difficult to measure, also is unable to make reasonable operator responsible so as to avoidunnecessary legal risk, affect the healthy development of our country’s economy.The content of this article is divided into four parts：The first part, mainly analyzes the operator to the basic theory of security obligation. Through to theoperator safety obligation to research and development, explore the operator is the obligation of securityrelated theoretical basis, on the basis of the summary of operators the concept and characteristics ofsecurity obligations, clear security obligations, the legal nature of business operators.The second part, mainly through operators in the continental law system and Anglo-American lawsystem security obligations of the comparative analysis, a more in-depth understanding of operator safetyobligations, further analyzes the operator safety guarantee obligation.The third part, mainly through specific operator is the scope of the security obligation to furtherdifferentiate the operator safety obligation type, which is discussed below operators of reasonable securityfor an obligation.The fourth part, mainly on the operator safety guarantee obligation on the basis of the referencestandard, clear operator is the obligation of security guarantee reasonable limit range, the operator shallfulfill its obligation to its security how to reasonable Suggestions.In this article, the author used the comparison method, the explanation method, analysis method andso on way to operator safety guarantee obligations are analyzed in detail.