The Operators’ Security Guarantee Obligation

At the present with the development of economic, the theoretic research of the operators’security guarantee obligation is the focus on public discussion and media coverage. But inacademia, research on the theoretic research of the operators’ security guarantee obligation isnot deep enough, and the legislation of it is not perfect. And at the judicial practice, so manyjudgment, not only affects the authority of judicial, but also the victim can’t get properprotection. According to the above, the paper with the hope of comparative analysis andempirical analysis method, to discussed of the security guarantee obligation of the operatorsin relation to the third party’s tort, in the hope of my little knowledge being able to perfect therelated system.The article is divided into four parts.The first part is about of the theoretic research of the operators’ security guaranteeobligation. This part is through the country’s first case about of the theoretic research of theoperators’ security guarantee obligation,"WangLiYi and ZhangLiXia v. Shanghai galaxy hotelcase".And this case raises the concept of the theoretic research of the operators’ securityguarantee obligation, and summarizing and analyzing the security guarantee obligation of theoperators in relation to the third party’s tort. Finally put forward the point that operator’ssecurity obligations is defined legal obligations.The second part is put the perspective of the theoretic research of the operators’ securityguarantee obligation. Producing the two typical of the state law, Summed up the similaritiesand differences between the two legal systems related to the theoretic research of theoperators’ security guarantee obligation. This section analyzes and make a summary of thetheoretic research of the operators’ security guarantee obligation.The third part make a summary of the responsibility of the theoretic research of theoperators’ security guarantee obligation. According to the theory of risk control, reasonablereliance theory and so on, describes the legal basis of the theoretic research of the operators’security guarantee obligation, and analysis of the constituent elements of the theoretic research of the operators’ security guarantee obligation.The last part is about of several recommendations on the theoretic research of theoperators’ security guarantee obligation. Finally, the author brings forward rational views forthese.