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Research on the Operator’s Responsibility for Consumers’ Safety- Analysis of the Third Party’s Infringement

Author: YinShunQiu
Tutor: ZhangXiaoMei
School: Shanghai Jiaotong University
Course: Legal
Keywords: operators safety guarantee obligation the third party’s infringement supplementary liability not really responsible
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 166
Quote: 1
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Abstract

The issue that whether or not the service providers shall be liable for damages once a consumer suffers body or property harm due to a third party’s act of tort which are still subject to dispute nowadays. In this paper, the author uses comparative analysis and empirical analysis methods to draw a discussion on the reason of why operators have to assume responsibility for a third party’s infringement, and then explores the nature of the operator’s responsibility and the main content. In the following, the author emphasizes what the operators should take responsibilities for the third party’s tort. On this basis, the author summarizes China’s legislation on the issue of inadequate and makes corresponding perfect suggestions to improve the legislation and the justice in our country.This paper comprises four chapters besides introduction, each of which is given a summary about their contents as follows.Chapter I set forth the theoretic origin and the legal basis of operators’responsibility for third party’s infringement. First, producing the obligation of security in the continental law system and the common law, and then introduce the legal basis of operators’responsibility.In ChapterⅡ, by studying the comparative law, the author discusses the nature of operators’safety-ensuring obligation, and then makes a conclusion that the operators should take responsibility for third party’s tort according to the theory of law and the legislation.In the third chapter, the author prescribes the elements of the operators’liability when the third party infringe on consumers, and then makes a theoretical and demonstrative analysis of the principle of imputation and the types of tort liability. After that the author concludes that the operators should accept“not really responsible”.Last chapter, the author sums up the status quo and the inadequacy of the relevant legislation. Finally, the author brings forward rational views for these.

Research on the Operator’s Responsibility for Consumers’ Safety- Analysis of the Third Party’s Infringement

Abstract

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