As a public place,airport is one of the most important infrastructure in China.It provides services for airlines and passengers and is an important part of China’s civil aviation.Different from hotels and shopping malls,airports are fulfilling their social responsibilities.Before 2003,airports were managed by Civil Aviation Administration of China.After localized management,airports are managed by local governments,which are generally funded by the government.The construction and standards of airports are often regulated.An airport is a physical place.This paper studies the security obligations of the airport manager to the owner of the site,and explores the obligations and responsibilities of the airport manager under the tort liability law system.Airports have the characteristics of enterprise and publicity,natural monopoly,international nature and high risk,determines the airport is different from shopping malls,parks,stations.It has the obligation of providing special information,dealing with hazards in time,rescuing,strict security check,settling passengers in case of flight delay and emergency rescue.A separate study of the main body of the airport will help clarify the responsibilities of the airport and better promote the development of the civil aviation industry.This paper first introduces the concept of airport security obligation from the general security obligation,expounds the particularity of airport and the particularity of airport security obligation,classifies the types of airport violations of security obligation,and demonstrates the legitimacy of airport security obligation on the basis of legal principle.Searching the case in China Judicial Documents network,through the overall research,typical case analysis,controversial case comparison to find out the difficulties in the judicial practice in China,this article proposes the buck-passing of responsibilities between airports and airlines,the non-standard reasonable limit of airport security obligations,the unclear principle of liability attribution,and the necessity of airport supplementary responsibilities.Finally,it puts forward the division of responsibility between airport and other subjects,an airport shall determine the standard of its security obligations in accordance with the three principles,the airport should be responsible for the infringement,If the third party infringes,the airport shall bear the supplementary liability.In order to clearly balance the interests of all parties to promote the safe and healthy development of the airport. |