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Talk About Operator’s Security Obligations Among Tort Supplementary Liability In Our Country

Posted on:2016-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiFull Text:PDF
GTID:2296330470960970Subject:Master of law
Abstract/Summary:PDF Full Text Request
Recently, the third people tort case were frequent happened in service place, in addition to the business dealer breach of duty to security, and there is no help to prevention、persuasion and stop, so it cause the case of infringement customer’s personal rights and property rights were always happened, and their is so much similar case in the judicial practice to. But because of 2009 regulation of "tort liability law" only regulated third person infringement case, the business dealer who has fault was assume additional tort liability, but the law didn’t regulate the components of additional liability、corresponding liability confirm、responsibility for,so cause at law there is no regulation to do;and in judicial practice there is no nationwide、unify trial implementation details, local courts only accumulate experiences while groping. Thus, finally appeared different areas、different levels of courts trial and judgment lack of consistency、scientificity、and balance, disgrace the law always initiate fair and justice,and always can not achieved lawful、enforcing、the law strictly、law- breaker must be prosecuted. At the same time, because of our country customers consciousness and right-protection awareness were weak, it also help business dealers fluke mind, make business dealers get away from the tort added responsibility.In this paper, starting from the security obligation of the business dealer, determine in third person infringement case the business dealer complementary liability’s characteristics, positioning and value, at the same time, combined with our country present situation of national conditions, law and regulations, in the specific case discuss the present and problem of tort added responsibility legal protection system, and put forward the corresponding countermeasures and suggestions to improve it. In a word this paper based on the business dealer’s security obligations, starting from the business dealer’s infringement added responsibility, guarantee the infringement added responsibility in judicial practice can more scientific.reasonable and legal implement, an the same time make law、morality、judicial together to resolving the social contradictions and repairing social relations, eliminate social adverse factors to safeguard social stability、order and harmony.
Keywords/Search Tags:Security obligations, Tort supplementary liability, Rule of fault
PDF Full Text Request
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