Operators’ Responsibility For Security Guarantee Obligations In The Third Party Infringement

Operators’ responsibility for security guarantee obligations in the third partyinfringement has great significance in the theoretical research on security guaranteeobligations and in the related judicial practice. This paper surrounds the main controversialdispute in the case in the introduction, on the basis of the general theory for security guaranteeobligations analyzes several standards for the judgment on whether the operators have theobligation and violate security guarantee obligations in the third party infringement and thencomes to the conclusion for the main controversial dispute in the case in the introduction.Security guarantee obligations should normally be the statutory obligations withincertain reasonable scope that in the absence of the contract between security guaranteeobligors and the protected it is legally required that one party must actively act for the purposeof the other party free from the damage of person or property security and the legalresponsibility for the violation of security guarantee obligations is a legal responsibility ofomission. The nature of security guarantee obligations is a statutory obligation according tolegal provisions, rather than contractual obligation. The legal value principle based on theprotection for the weak and integrity and fairness shall require the operators to bear therelevant responsibility for the violation of security guarantee obligations in the third partyinfringement. Operators’ responsibility for security guarantee obligations in the third partyinfringement is always encountered with practice difficulty owing to the limit of the relevanttheories and the ambiguity of the law. The constitutive requirements for the operators’responsibility for security guarantee obligations in the third party infringement should attachgreat importance to whether the operators bear certain security guarantee obligation for theaggrieved, whether the operators violate the said security guarantee obligations and whetherthe action of the operators’ violation of security guarantee obligations has the casualrelationship with the damage of the aggrieved. The bearing scope of the operators’ securityguarantee obligations in the third party infringement should be the limited supplementaryresponsibility, not to enlarge or aggravate the responsibility scope of the security guaranteeobligors, otherwise the equality of the law is violated.