Type Of Discretion : The Judicial Determination Of The Safety Protection Obligation Of The Manager In Public Places

The tort liability law stipulates the duty of safety protection for managers of public places,aiming to provide a safe environment for consumers or people entering their fields.In dealing with the disputes of the responsibility of the public place administrators,the court also has the judgment orientation of imposing a higher duty of care on the public place administrators.How to balance the safety protection obligation of the public place administrators with the self-protection obligation of the victims is the core issue of the judgment.In this paper,the author took 60 such cases as samples for analysis,and both parties in the above cases were at fault and had gone through retrial or trial supervision procedures.The author focuses on the risk assessment standards of public places and the identification standards of manager's security responsibility,and tries to unify the judgment standards by taking the general considerations of security obligation and the judgment of different types of industries.The body of this paper is divided into four parts: the first part,the author analyzes the trial status of the manager's liability dispute in public places,as well as the source and selection basis of 60 sample cases,to illustrate the necessity of the type discretion.In the second part,the author summarizes the court's determination of causality between acts and damages,the distribution of burden of proof,and the court's determination of evidence through statistics of judgment documents.In the third part,the author focuses on the correlation between the size of the fault and the scope of liability,that is,the factual basis and legal basis for identifying the fault of the manager of public places and the victim,the causal force of both parties' behaviors,and the influence of the fault on the scope of compensation.Exist in the fourth part,in view of this kind of trial subjects liability is too bigger,reasonable definition of fuzzy and rely too much on the judge discretion and common problems,the author suggested that from the following two aspects unified referee scale,namely take security obligations generally think standard,typed discretion ways at the same time according to different industry.