Studies On Operators’ Responsibilities When The Third Party Breaches The Customers’Rights

Store managers and consumers are two parties involved in the commodity economy. Although managers are not customers’safety insurer, they should not be indifferent bystanders who are just in pursuit of economic interests. In order to create an environment where people "can, dare and are willing to consume", protecting consumers’ legal rights and interests and increasing the managers’ responsibility are the current trends in legislation. China has also gradually defined safety-guarantee obligations through common practices and from recent years cases, it’s shown that China has witnessed remarkable achievements in terms of consumer safety protection. However, when infringements of the third party occur, managers’ detailed content of responsibility and the principle of imputation are not explicitly defined causing difficulties for consumers in claiming their rights which is the main aspect that has been plaguing the judicial circle. In addition, currently operates in tort bear just under a third of people I believe that the appropriate supplementary liability is unreasonable. Based on this,the "studies on operators’ responsibilities when the third party breaches the customers’ rights" in the title, starting from the relevant specific cases, the third party infringement by analyzing the nature and source of obligations under the security obligations of operators, of China’s current problems in legislation and combined legislative experience abroad, puts forward suggestions for how to improve future legislation.The first part leads to questions on specific cases analyzed by two different judgments, draw the presence of a third person present in the case of infringement, the judge in applying the law to solve practical problems of controversy. In fact, since the "Supreme Court to hear personal injury compensation cases interpreting the law applicable to a number of issues" since the promulgation of the third party liability in tort when operators began to really follow the law, with the progress of the legislation, in the "Tort Liability Act," also has the relevant provisions, which protect the legitimate rights and interests of consumers is great progress. However, in the case of infringement of third party operators bear the responsibility of the legislative loopholes judge will make different judgments for the same or similar problems, not the interests of justice, prone to undesirable social effects. Help us solve these problems better balance the interests of operators and consumers, more effective protection of vulnerable groups of consumer relations.The second part is the operator of the third person to assume responsibility for violation of consumer rights and obligations according to legal sources. Whether it is dangerous liability theory, profit reward or reasonable reliance on theory, theory of social cost savings, in the case of infringement of third party operators to take responsibility to make adequate justification. At the same time the author of the nature of current academic responsibility of the operator to compare that in determining the nature of security obligations should not be across the board, but should be a legal obligation to the principle of contractual obligations as a supplement; in basic obligation to the principle of collateral obligations supplement; a positive obligation to the principle of negative obligations supplement.The third part of the author describes the current status quo of China’s legislature, and inadequacies of our legislation. From the general law to have a special law on operators should protect consumers safety requirements, it can be said lawmakers to consumers more and more attention, but we can see, there are still many problems in the current legislation:the lack of a third Tort liability under the specific provisions of the operator; the main responsibility for the provision of the lack of clarity; responsibility principle is not the responsibility of the operator requirements, etc., in addition to bear the responsibility of the third party infringement supplement under the operators are not reasonable.The main contents of the fourth part is to make recommendations accordingly legislative experience combined with the presence of the foreign country in accordance with the current legislation issues. Protect the interests of consumers and increase the operator’s responsibility to legislative trends, but anything is too far, if blindly increase the operator’s liability will hit operators’enthusiasm, so to find a balance in the interests of balance, the author proposed first should gradually improve the provision of security obligations, including the obligation content, determined, reasonable limits and other rules in the principle of presumption of fault principle applies not only help balance the burden of proof, but also conducive to judicial efficiency. On the responsibility, I suggest, after the operator to assume direct responsibility, in the third person can not be liable, not the operator of the full complement of parts, and the establishment of recourse system. More comprehensive consumer protection, the operator’s responsibility to provide for a more moderate, so that when damage occurs to allow everyone to enjoy the benefits of the rule of law.