Legal Analysis On The Obligation Of Safety Guarantee In Business Premises

In the "consumer rights protection law of the People’s Republic of China", the provisions of the consumer in the purchase of goods or services, the process of their own personal and property rights are not violated. The right of consumers is the concrete embodiment of the basic human rights of citizens in law. And operators as the personal and property safety of consumer protection duty corresponds to the subject, in consumer information release and publicity, and risk factors of exclusion and control, dispute settlement, etc. there are many strong points, in order to realize the rational allocation of social resources, promote social fairness and justice, the law specifically provides operators for consumers shall be liable for the safety and security obligations. Based on China’s relevant legal literature research, the research for consumer safety and security obligations in current law circles, more concentrated in an operator security obligation to provide goods or services, and in place of business in compliance with the safety guarantee obligation standard has been overlooked. But in the judicial practice, because the place of business of the security failed to achieve the protection of personal and property safety of consumers of legal annotation or as agreed upon in the contract and damage the legitimate rights and interests of consumers and cases emerge in endlessly, as the maintenance of a serious obstacle to the legitimate rights of the consumers in our country.The first part is the introduction, the main content includes the background of this topic,literature review, and the significance of the legal aspects of the safety and security obligations.Background with a simple case, pave the way, this leads to the paper will discuss the topic,literature review covering Germany, Japan, Britain, the United States, Chinese Taiwan and Mainland China existing all kinds of academic achievement, the significance of the research emphatically from theory and practice two aspects were discussed.The second part includes the first chapter and the second chapter, gives a general overview of the premises security obligations, and review and summarize the content of the overview of the main premises on the security obligations according to the concepts and theories, and discusses the premises and the nature of the security obligations, subject, scope and responsibility.The third part is the present situation, analyze the problem of management place securityobligation in our country, this paper mainly discusses the three problems: first, the basic concept definition is not clear; Second, the lack of specific legal norms; Third, the plight of imputation principle to increase the judicial practice.The fourth part is to the existing legal provisions and judicial practice of some deficiencies,from the legislative, judicial, law enforcement three levels put forward their own reasonable proposals.