An Analysis Of Mr Li Lawsuit Against A Scenic Manager Over Security Obligations Case

Human activities are inseparable from public places,and security issues are closely related to everyone,and actually occur around us.At present,there are still some deficiencies in the provisions of China’s laws on the security obligations.When dealing with such cases,judges are likely to cause uncertainty in the outcome of the judgment.Through the analysis of "Mr Li Lawsuit Against A Scenic Manager Over Security Guarantee Obligations Case" and some related Cases,it can be seen that there are three disputes in these cases: Does the defendant scenic manager violate the responsibility of the security guarantee obligation;Whether the defendant is liable for compensation;Whether the village rules and regulations can constitute an exemption for the defendant.First of all,the defendant scenic manager violated the security guarantee obligation.Considering the cost of preventing and controlling risks and for judging reasonable ranges,The defendant should have foreseen but failed to control and eliminate the potential risk factors,and failed to set up no contingency plan and emergency measures after the accident,do against the obligation of assistance to the victims,leading to the occurrence and expansion of the damage results,and violating the provisions of relevant laws on security obligations.Secondly,the defendant shall be partly liable for the damage caused by the victim.The defendant failed to perform the duty of notification and the duty of salvage within the reasonable scope of his duty of security protection.It is the combination of the defendant’s omission and the victim’s own fault that causes the damage,The defendant’s omission has a causal relationship with the occurrence of the damage,The defendant shall be liable for damages within the scope of his fault on the basis of omission.Finally,the village rules and regulations can not constitute the defendant’s exemption.Village rules and regulations are a kind of code of conduct recognized by law and do not belong to the category of legal exemption.The victim’s violation of the village rules and regulations cannot be the legal exemption to reduce or exempt the defendant.The victim’s behavior harms the interests of the collective,but it does not violate the law,It cannot be said that it is not without legal protection.We should give full play to the value of the security guarantee system,and better reflect the fairness and efficiency of the socialist rule of law,thus creating a safe and harmonious social environment.