The Research Of Carrier's Protection Obligation

The Chongqing bus accident that occurred in October 2018 caused a heated discussion.Many legal stakeholders raised the incident as a result of the carrier's breach of protection obligations.The so-called carrier's protection obligation system is a system that is clearly stipulated in China but lacks specific applicable standards,resulting in problems in theory and practice.Judicial referees in our country usually only emphasize compensation for the inherent benefits of passengers.Opponents believe that it is precisely because of the empty regulations of the carrier's protection obligations that the scope of contract protection has rapidly expanded to the direction of inherent interests,and even lost the basic attributes of the contract law to maintain the interests of fulfillment.At the same time,China has the phenomenon of “large tort liability law + large contract law” in the legislative provisions of contract liability and tort liability,which leads to the concept of carrier protection and the security obligation in tort liability law partially overlapping in practice.This is confusing.In addition,in the judicial practice,when dealing with the issues related to the carrier's protection obligations,the theory of responsibility and competition is “templated”,and the specific circumstances cannot be reasonably considered,and the problem of competing for the protection obligation is not met.The academic viewpoint of “processing” and the tendency of the outside world to deal with this “pursuit of non-competitive solutions”.The above problems can be summarized as the carrier protection obligation system itself,which needs to be improved.The expansion of contractual liability has become an inevitable requirement for the development of modern civil law.Since this view is widely recognized outside the domain,it is far better than denying contract expansion by perfecting the carrier's protection obligation system,reasonably controlling the expansion of its scope of protection,making it reasonable to make up for the inadequacy of the tort liability law and giving the relatives comprehensive protection.The rationality of the phenomenon makes more sense.At the same time,it is also the way to perfect the system in the field of tort liability law by divesting the carrier from the scope of the subject of the security obligation.By legislating or judicial interpretation of the amendment of the concept of security obligations,the closure of the carrier's protection obligations may be interpreted as a channel of security obligations,which can make the boundaries between the carrier's protection obligations and the tort liability law clear.In the face of the issue of responsibility and co-opetition,the extraterritorial domain has tended to change from the traditional responsibility of free competition to the restrictive responsibility of competition and even the single contractual responsibility.Therefore,China can consider combining the existing degree of succession.The theory of responsibility and competition is applied hierarchically,and the phenomenon of “uniform application” regardless of the situation is revised.At the same time,in improving the carrier's protection obligation system,it should also clarify its theoretical basis,scope of obligations and specific methods of attribution,which will help the development and improvement of the carrier's protection obligation system.