On The Security Obligations Of The Operator

As the rapid development of China’s economic and social, personal and property damages cases in the type of diversified and complicated, the number is also becoming rise, operators in cases of breach of security obligations quite interesting. In practice, since the victims hurt in the establishment of the operators, so the negative attitude of the operators and the weak position of the victim lead to be unable to proof and frequent occurrence of uncompensated."Tort Liability Act" provides a variety of tort, Perfect the "Civil Law" and "interpretation" on the trial of personal injury compensation case law applicable to a number of issues relating to operating in violation the security obligations tort liability provisions of Part. But in practice, gourt is difficult to clarify the responsibility of the operators, the limits of the obligations of the operators do not have a more clear understanding of. That led to the emergence of the phenomenon of codefendant different sentence. The security obligations roots in Germanic the general safety duty of care,, Differences but the safety of the duty of care in the functions in our tort and Germany. This requires the other hand, the role of the security obligations in tort can play, Therefore, from both theoretical and practical aspects of the security obligations of the operators to carry out a comprehensive analysis of far-reaching significance.This article will focus on the above issues. First, To starting thinking from the different legal systems of the rule of law from the functionality of the rule of law with the function of the doctrine of comparative research methods. Then, make full use of a variety of legal interpretation methods in this exposition on the basis of that to explan Our existing legal provisions of "Tort Liability Act,37. This article also takes advantage of the interests of the measurement approach, Consideration of the interests between the operators and consumers, as well as other related personnel. Giving full consideration to the interests of the market economy and personal interests while defining obligations limits. The article is divided into four specific parts, proposed and the development of the first part discusses the security obligations, it proposes that China should learn from Germanic general Safety Theory, to expand the functions of the security obligations of Tort Liability Act. In addition to, Our judicial practice can be fully absorbed infringement main and obligations specifically identified limits of the reasonable person standard in Anglo-American law. The second part to show that the safety of the operators from the main obligations,protection of objects and obligations content protection obligations must be limited to the extent reasonable. The third part analysis the obligations that the operators should bear the responsibility for violation of and propose the objective fault identified standards to determine the responsibility of the operators in the case without the intervention of a third party. In the case of infringement of third party, sub-operators at fault and not the fault of two cases. When operators at fault should assume direct responsibility in accordance with their own fault rather than supplementary liability. If the operator is not at fault is not to assume the tort liability. The last part states the outlook for the future of the security obligations of operators, that should gradually cover negligence of culpa in contrahendo and perfect the constituent elements of tort liability.