The Current Situation Of Judicial Application Of The Limits Of Safety And Security Obligations Of Restaurant Operators

In the judicial application,the court will pay attention to the limits of the security obligation,clearly state the reasons for the restaurant’s failure to fulfill the security obligation in the reasons of decision,fairly divide the responsibility of all parties,and even specifically mention the word limit in the decision documents,but the limits of the restaurant operator’s security obligation still exist in different regions and courts when applying the same case,such as different judgments,and even the situation of abuse of the principle of fairness.This article takes the judicial application as the perspective,using the China Judicial Documents website,search and select typical cases and statistical search overview.Through data collation,analysis of typical cases and other empirical research methods,the limits of security obligations and liability forms of restaurants are examined and analysed.The first part of the paper is divided into four parts.The first part briefly discusses the theories related to the security duty,based on the current theoretical research and legislative provisions in China,and elaborates on the theories of the nature,source and content of the security duty,as well as the significance of studying the limits of the security duty and the form of liability of restaurant operators,etc.The second part is a data compilation of case profiles.The third part elaborates on the factors to be considered in the judicial judgment of the limit of the restaurant’s security duty,including the size,grade and benefit of the restaurant;whether the guardian has fulfilled his guardianship responsibility;and the spatial and temporal scope,etc.It also lists the factors to be considered in the judicial judgment of the limit of the restaurant’s security duty in the case of infringement by third parties.The fourth part of the report is about the exemption of liability for the security duty of the restaurant,including the exemption of the restaurant from liability if a person with full civil capacity fails to exercise reasonable care;the causal relationship is "broken",the restaurant operator is not liable for compensation.