The Operator’s Security Obligation In Case Of A Third Person Infringement

Safety problems is the constant topic of the whole society. Nowadays, our socialeconomy continues to develop steadily,and economic and cultural exchanges becomeincreasingly frequent. All kinds of commercial or group activities emerge in endlessly.The more advanced the economy, the more closely interpersonal relationship, and themore complicated the conflicts and disputes therefrom.“Security obligation” inExplanation on Compensation for Personal Injury has first mentioned public attentionto the obligation of operator’s security obligation, which provided initial basis for thecorresponding obligations and responsibilities therefrom. The later promulgated TortLiability Law has specified the obligations resulting from violation of securityobligation by security obligors from a higher level of legal perspective.As a new and special tort behavior, violation of security obligation has alwaysbeen the focus in theoretical and practical realm in China. However, facing thecomplex judicial practice, regulations of laws has always lacked detailed and clearcontent. Legal articles and judicial practice have mingled with complicated andchangeable case facts and the judge’s discretion. That how to apply the existing lawsto solve practical problems is the premise of solving contradictions and resolvingdisputes.This paper begins with two real cases to discuss security obligations oforganizers or operators in the third person infringement. The relating practicalproblems will become more special and complicated when the third personinfringement being involved into management and organizational activities.Regulations on details, specific criteria, the burden of proof allocation, and liabilityissues are not clear. This paper has extracted controversy focus and potential problemsin ascertaining the facts and the application of law through research into real cases.Inorder to combine the realistic problems in judicial practice with legal theory more accurately, and better connect legal norms and the judicial practice, the author hasanalyzed highly operational problems such as whether security obligor has fulfilledsecurity obligations or not, and how to allocate and bear responsibility when a thirdperson conduct tort behavior, etc. on the basis of the existing law to maintain theinterests of all parties to a greater degree, set up operator’s safety consciousness andresolve disputes.