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Study On Tort Liability Of The Operators Violation Of Security Obligations

Posted on:2017-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:T Y ZhangFull Text:PDF
GTID:2296330482980372Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Safety is the most basic and most important right of human beings. It is only with a safe and secure environment that people can live and work hard.With the rapid development of social economy, the communication between people is becoming more and more frequent, and various social activities are increasing day by day. More and more operators appear in the society.For the interests of the chase may allow operators in their business activities due to negligence and make people’s personal and property security is threatened.In the ninety’s of last century, the research on the theory of the security obligation in the legal theory of our country is not deep enough, and can not form a systematic theory.With more and more operators in violation of the obligation of safety and security, the consumer is subject to personal and property damage cases, many scholars began to study the theory of safety and security obligations.The theory of security obligation puts forward an effective mechanism to create a safe environment for people to protect the personal and property rights of the right people.The concept of "safety guarantee obligation" was first put forward by the Supreme People’s Court on the interpretation of several issues concerning the application of law in the trial of the case of personal injury compensation cases in 2003,The terms and conditions stipulated in accommodation, catering, entertainment and other business activities of the operators, or other social activities of natural persons, legal persons and other organizations for the violation of security obligations causing damage to personal liability for tort.This provision is a great progress in the field of tort in our country, but there are also a lot of problems by experts and scholars.The tort liability law of the People’s Republic of China promulgated in 2009 is improved on the basis of the interpretation of the sixth article, which confirms the theoretical system of the security obligation in the form of law.But the provisions of the provisions are not clear enough, and the interpretation of the provisions have many differences, so the theory of security obligations need to be further improved.In this paper, the use of comparative analysis, legal interpretation, the balance of interests and other methods of the operator in violation of the security obligations of tort liability issues,to sort out the standards of the operators in violation of the obligation of safety guarantee,explore the responsibility of the constitution, clear its responsibility to bear the problem,and from the angle of judicial application to determine the specific application of the situation, with a view to China’s security obligations of the theoretical and legislative improvement to make contribution.This paper is divided into four parts:The first part is the identification of the operator in violation of the obligation of safety guarantee.Starting from the concept of the safety guarantee obligation of the operators,combine its legal basis,and then clear the contents of the security obligations.From the angle of the right subject, the subject, the scope of the space and the time range, the scope of the security guarantee obligation of the operators is clear,in contrast to the different obligations of the tort liability law and interpretation, reasonably defining the scope of the subject of right.Finally, on the basis of reference to the views of many scholars,it concludes that the reasonable limit of the operator’s security obligations should be determined from the legal standards, industry standards, and rational people’s standards.The second part is the responsibility of the operator in violation of the safety guarantee obligation.Firstly, the principle of presumption of fault should be applied to the operators in violation of the safety guarantee obligation,and then the obligation of safety guarantee is to judge whether the operator has the standard or the basis of fault if the situation is not as a cause of injury.To explain the advantages of the theory of illegal behavior,concluded that the fault and the violation of the law are the judgment standard of whether the duty of reasonable care.It is concluded that the operator’s liability for breach of security obligations constitutes a breach of security obligations, damage facts and causality.The third part is the accountability issues of infringement for the operators who Has breached security obligations.The liability form is the direct responsibility and the supplementary responsibility,then put the focus research on supplementary responsibility, clear the scope of responsibility of the supplementary responsibility is the corresponding supplementary liability.Proposed will fault size as the responsibility of the quantitative analysis of the standard, we think that the operator does not enjoy the right of recovery,questioned the way of compensation for the operator’s liability for compensation,Put forward to cancel the order of the right of the victim.The liability for damages shall be borne by the direct responsible person and the operator according to the fault degree,under the directly responsible people do not fully compensate situation, by the people of obligation of safety guarantee fails to perform its obligations and bear the supplementary liability,and with all the losses suffered by the victim of the limit of responsibility reconstruction.Finally, to clarify the operator has fulfill corresponding obligations, the victim’s behavior existence fault, the victim agree, the third person has assumed the full liability for damages is the operator violates the security obligation exemptions.The fourth part is the judicial application of the operator in violation of the obligation of safety guarantee.Firstly,make an overview of the litigation form of China’s operators to undertake the supplementary liability of infringement,then, put forward the viewpoint of the necessary joint action,discuss the way of exercising the right of claim for compensation,At last, discussed the executive principle and the right of objection to the executive responsibility.
Keywords/Search Tags:Security obligation, Tort liability, Responsibility constitution, Judicial application
PDF Full Text Request
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