Determination Of The Workplaces’ Security Obligations Of The Operators

In recent years, because the operators had breached security obligations caused by events or the lawful rights and interests of consumers harmed another, on the one hand prevents the normal exercise of the rights of consumers, it also affects the social and economic development. With the introduction of growing consumer awareness of the law and of the relevant legislation, the responsibility of the operator to determine workplace safety and security obligations gradually being widespread community concern and attention. However, due to the theoretical study of workplace safety and security obligations on operators of a late start, the relevant legislation is not perfect, in judicial practice can not provide a strong theoretical guidance. Thus, it is necessary to place the relevant theoretical knowledge operator safety obligations to conduct research to further improve China’s relevant legislation, a clear security obligations of the operator’s responsibility to effectively address issues related to judicial practice.In this paper, the introduction and conclusion beyond, including the following four parts:The first part, the operator places the security obligations of the meaning and basis. This part explains the operator places the concept of security obligations, content, theoretical and legal basis. The second part, breach of security obligations of the constituent elements of tort liability. This part of wrongdoing was found on the perpetrator, and a detailed explanation of the other elements of the security breach of the obligations of tort liability. The third part, breach of security obligations imputation principle of tort liability. This section elaborates fault principle and the principle of presumption of fault attributable to these two principles. The fourth part, in violation of security obligation to determine the issue of tort liability and perfect. The section from both the legislative and judicial aspects, mainly on the legislative level issues and improve suggestions, questions and suggestions to improve the judicial level, and provide reference for the operators to improve workplace safety and security obligations System.