Analysis On The Safety And Security Obligations Of Operators

In recent years,with the enhanced awareness of rights,the raising of the legal quality, and the constant improvement of the law,right of consumption safety of consumers and vendors security has got people’s attention.The obligation of security has become an important obligations of operators.Safety and security obligations of operators refers to the operators of the business premises of consumers, may buy the product potential consumers, and to enter the premises of others for their personal and property safety guarantee obligation.In this paper, based on the "consumer protection law,""judicial interpretation of personal injury compensation""tort liability act" and other relevant laws, and starting from the judicial practice, by using comparative research and empirical analysis method, the safety and security obligations of operators are discussed and analyzed.This paper is divided into four parts.The first part mainly introduces the security obligations of the operator are outlined, including the operator safety control duty concept, characteristics and legal nature.The author through the combination of our scholars and judicial practice, some theory analysis, defines the concept of security obligations of the operator, the subject of rights, obligations, the characteristics of the content, discusses the legal nature of security obligations of the operator. The nature of the obligations to legal obligation for the principle, with the contractual obligations as exception,and so on.The second part mainly in the perspective of comparative law as the breakthrough point, to explore the legislative practice of the continental law system, Anglo American law system security obligations and Its Inspiration to the legislation of our country.In addition, the author also discussed the relevant legislation in the operator safety control duty aspect in China.The third part mainly expounds the main security obligations of the operator and content..Focusing on the security obligations of the operator obligation subject and object, and from the equipment and facilities, service management, prevent against the third person, four angle against the advance behavior to discuss the content of obligation.The fourth part analyzes the violation of security obligations of the operator responsibility.First analyzes the nature of the liability for breach of security obligations of the operator may be both contract liability may also be tort liability; Imputation Principle operator liability should adopt different imputation principle according to the nature of legal responsibility, which was identified as tort liability by fault presumption principle, was identified as the liability for breach of contract by the principle of strict liability.This responsibility cognizance method is decided by the status of commercial development, is conducive to the protection of the legitimate rights and interests of consumers.According to the Supreme People’s court for "on the trial of personal injury compensation case applicable legal interpretation" provisions of article sixth and the "tort liability law" article thirty-seventh, the author analyses the types of liability of violation of security obligations of the operator, respectively discusses the direct liability and supplementary liability.Finally, exemptions for security obligations of the operator to make a theoretical and empirical analysis.The author thinks, when the third party infringement, the operator has to take reasonable measures to prevent the unlawful infringement in consumers, consumer intent, negligence, the victim commitment, the operator may be exempt from liability.The above discussion are that China introduced in judicial practice and establish the operator safety control duty is of great practical significance, prospect of this system, to the distribution of social justice from the whole legal system and practice, can achieve "win-win" results.