从一起案件谈商场附随义务责任的扩张（Talking about the expansion of duty of accessory obligation in shopping mall from a case）.docVIP

从一起案件谈商场附随义务责任的扩张（Talking about the expansion of duty of accessory obligation in shopping mall from a case） Talking about the expansion of duty of accessory obligation in shopping mall from a case Responsibility for the loss of a free parking case Author: Sun Jianping release time: 2010-04-20 09:15:48 [tip] points mall free parking disputes caused by theft of adjustment in our country lack of specific legal norms, so combined with Chinas social reality, according to the spirit of the legislation of our country, draw lessons from foreign precedents, re-examine the mall collateral obligation to regulate business and consumer service behavior has important significance. [case] The plaintiff Li Mousu said, June 2, 2009 at 19:20 PM, the plaintiff to the defendant at shopping, electric vehicles parked in the parking lot, a security guard at the time of the plaintiff and the defendant said hello, let the custody charge car, then went upstairs to go shopping, 20 pm, the plaintiff went downstairs ready to ride the electric car to leave the store, found their electric car when the alarm is stolen, the plaintiff and the mall official negotiations, requiring the defendant to bear the liability, the defendant was arrogant attitude, refused to take responsibility, in order to safeguard the legitimate interests of the plaintiff, the peoples Court of appeal, request the court to order the defendant to compensate the plaintiffs loss of 2100 yuan stolen electric vehicles. The defendant Dongying prestige Building Department Store Co., Ltd. argued that (1) the plaintiff did not have the right of appeal in this case, and the plaintiff made it clear in the indictment that the plaintiffs electric car was stolen, worth 2100 yuan. I think that is formed by the suspect theft criminal case, in accordance with the provisions of the Supreme Peoples Court on the scope of the criminal incidental civil action, the plaintiff has the civil rights of the time is after the inspection, public security,