Supplementary Liability Research Of Public Places Managers

With the continuous development of society,human social life more complicated,people increasingly close contact,an increasing social risks,in real life,hotels,railway stations,shopping malls,banks and other public places is not only frequented by local customers,is also a crime molecular frequented the place,so a lot of infringement of personal safety or property of things happened in public places.However,due to a third person in a public place for victims of abuse carried out,in many cases a third person has fled or no ability to compensate,leading to victims not get adequate civil remedies,and therefore the provisions of the law should bear management in public places to protect people personal safety and property security obligations allowed to take reasonable measures to avoid harm to its control a third person in the field is not a specific person.China's "Personal Injury Compensation Judicial Interpretation" Article 6 "Tort Liability Act," Article 37 supplementary infringement liability under such circumstances public areas managers to relevant regulations,but these laws are too general and lack of maneuverability so that the judge dealing with such cases in the judicial practice is difficult.This paper aims to theoretical issues related to public places managers related concepts,the basic content of supplementary liability,as well as the constituent elements of supplementary liability of managers in public places such as research,clearly the complementary nature of the responsibility to avoid the supplementary liability tort liability and press parts,joint and several liability,not joint and several liability and vicarious liability really confused at the same time,made clear in public places managers should bear supplementary liability under what circumstances,in order to try from the perspective of theoretical innovation,to make up judicial practice,managers in public places tort liability supplement applicable,through the study of the above problems,managers of public places clear responsibility supplementary compensation pick,the scope of compensation and the right to judicial recourse practice problems and provide favorable theoretical basis.This paper is divided into four parts: The first part is the definition of public places,supplementary liability managers,managers in public places by elaborate concepts and the basic content of the supplementary liability,liability is clear that the supplemental and press parts liability,joint and several liability,not an independent responsibility to form a real joint and several liability and vicarious liability phase difference.The second part is composed of supplementary liability study managers in public places,in the third person against the implementation of a relative who,as long as the manager of the premises in violation of public security obligations relative who suffered damage,the consequences of the damage and managers in public places causal relationship between the act and there is no fault on subjective managers in public places,judicial practice should be judged in public places managers bear the corresponding supplementary liability.The third part is the study of the judicial application of public places,managers of supplementary liability,applies to analyze the judicial manager of public places,supplementary liability exists in the main responsibility is not clear,the responsibility relative who is not clear,the scope of compensation no specific operational standards are there overall compensation and no recourse if enjoy clearly defined range of issues,have to provide certain theoretical basis for solving the judicial practice in this series of questions.The fourth part is the analysis of public places manager supplementary liability cases judicial application difficult problems,manager of public spaces clear supplementary liability of the main areas of responsibility and the responsibility of the contract,determine compensation pick,clear and specific scope of compensation and a clear management people enjoy recourse to make some sound advice on these issues.