Theory Of The Legal Nature Of Commercial Hosting Service And Responsibility

With the purchasing power continues to improve,People flocked to shopping,Coupled with businesses to provide good extension services,Thus shopping mall has become an important place and store items.Businesses in order to increase consumer into the store,But also to facilitate consumer shopping and consumption,Often in consumer shopping additional commercial storage boxes,parking and other storage class service.Storage class service between consumers and businesses a unique relationship between rights and obligations.However,From the legal point of view the current commercial register of view,No this is not clear nature of the rights and obligations and responsibilities targeted definitions and constraints.Our laws from the legislative and judicial aspects of its nature and responsibilities of all there is a very big controversy,Its legal nature is determined that consumers lost property responsibility very critical factor,Directly determine whether the loss of the responsibility of the business,Consumers can get compensation.And so,In the business class service storage items have been damaged and lost situation,Storage class service nature directly affects consumers can safeguard their legitimate rights and interests according to law,And the ability to properly resolve contradictions and disputes between businesses and consumers.In view of the Storage class service disputes,Although theorists conducted extensive studies and adequate discussion of its legal nature,But not yet form a unified understanding.To the stage,Imperative to resolve this dispute from a legislative perspective.The legal nature of commercial storage class service,Academic opinion varies,There are storage contract for that loan contracts that the lease contract that says the accompanying obligations and legal custody said.According to countries and regions outside storage class service legal nature study,And from our analysis of the current legal environment,The qualitative unified storage class service is not appropriate,The legal nature of the characterization of its services according to different types of storage services is more reasonable.Storage class service on commercial service provider liability issues,China’s laws and regulations for this is not clear.Theorists have also different opinions,There are commercial storage class service provider shall be liable for breach and fulfill security obligations of these two views.And the legislative background from China’s relevantlaws and regulations, nature of business Storage class service obligation and balance the interests of both businesses and consumers to analyze,Consumers can request the service provider to bear the liability for breach of contract,They can claim their tort liability,Belong to breach of contract and tort liability competing.