Study On The Supplementary Liability Of The Public Places Manager

This paper is about the supplementary liability of the public places manager. With the development of society, the meaning of public places manager is getting richer and richer, and more complex to recognize. The supplementary liability is a unique form in China, there are still some disputes about the rationality and necessity.This paper is mainly talking about the supplementary liability of the public places manager. There are five parts in this paper:The first part is the introduction,introducing the research background, significance and methods of the article.The second part is the definition of the public places manager and the scope of safeguard duty of the public places manager. It is firstly analyzed the public administrator, there are some special managers, in addition to the general ones in the laws and judicial interpretation. The bank is a special manager who has to commit higher level of safeguard duty because of its nature, and under the background of the rapid development, the manager of the property management is special. Then, the part analyzes the scopes of the object, time and space of the safeguard duty and think that with the development of the network, self-help terminal services, the safeguard duty has a tendency to breakthrough the traditional limit. Based on the analysis of the trial practice, This part puts forward four criteria to measure the "reasonable limit" of the security obligation, including laws, regulations and industry practices, and the risk of the third person, the ability of preventing and controlling the risk and the widespread acceptance of the society.The third part analyzes the the supplementary liability of the public places manager.First of all, the part analyses the overview of the supplementary liability, include the connotation and characteristics, the sequence and complementary are the essential characteristics of the supplementary liability. Then, through compared the supplementary liability with the joint liability, shared liability and unreal joint liability,and analyzes the similarities. But the supplementary liability has its unique characteristics, and it should be the responsibility of an independent form.The fourth part analyzes the constitutive elements of the supplementary liability.Because of there is a third person, the supplementary liability is different with the general liability. The five elements are: First, there must be the tort to bear directliability. Second, there must be subjective fault.The third element is that the manager fails to fulfill the safeguard duty. Furthermore, the behavior of the third person results the victim’s loss directly. The fourth, the public places manager provides the opportunity to the victim’s damage results. Finally, the victim can’t get the compensation from the third person.The five part analyzes the effect of the supplementary liability. Once the public places manager fails to fulfill the obligation, they should take the supplementary liability according to the fault. After assuming the corresponding supplementary liability,the manager’s responsibility to the victim is eliminated. The manager can exercise the right of recovery and ask the third person to undertake his own responsibility,and it is admitted by the trial practice. And this part also analyzes the liability of the manager who provides free service and the implementation of the supplementary liability. The article concludes the view of the supplement responsibility through analyzing the specific processing conditions of the trial practice, combining with theoretical knowledge.The sixth part is the conclusion to summarize the views and the deficiency of the article.