经营者违反安全保障义务的若干法律问题研究——以倪某诉某健身公司健康权纠纷案为视角-research on some legal issues of operators violating safety and security obligations - from the perspective of ni a v. a fitness companys right to health dispute case.docxVIP

AbstractChina as a tourist country, tourism contributed to Chinas economic development at the same time, breached security obligations in the service industry disputes arising from more and more. However, the operator has a safety protection related laws and regulations are lacking. Because of safeguards obligations in tort law is a more complex system, and case is different, the operator safety protection varies, its responsibility will vary accordingly. Thus, judicial practice, for dealing with this kind of case, is still facing a lot of difficulties, in some cases, facing the same case, throughout the court handling is not consistent, unable to achieve the integration of social and legal effects. The author believes that security obligations in trial practice and there are still many problems in the theoretical research deserves further. This from a real case departure, first simple described security guarantees obligations of concept and the sources, then introduced security guarantees obligations of legal pursuant to and the legal features, then analysis my currently about security guarantees obligations rules exists of problem, last combines case in the by involves of specific problem made some perfect of recommends, to in justice practice in the can better of processing this class cases, promotion social of harmony stable.Thesis introduction, body, conclusion of three parts.The introduction focuses on the background and significance of writing this article. Chinas comparative lack of safety protection related laws and regulations, is not a good guiding judicial practice in dealing with individual cases, unable to achieve the harmonization of social and legal effects, need to be further improved.The body has four parts:Part one: a case study. Through the introduction of a real case and the reasons for the sentence, the result, according to the judgment of the Court concluded that in the present case the disputes and disagreements.Part II: basic theory on the s