论客运合同承运人违反安全保障义务的责任——以第三人致旅客人身损害为视角-on the liability of the carrier for violating the obligation of safety and security in the passenger transport contract —— from the perspective of the personal injury caused by the third.docxVIP

AbstractThe rapid development of modern society promote the scope of communication lager and lager between people ,and wide range of transactions between the parties to the contract are also increasingly affected by external factors. Reflected in the passenger transportation contract, one of the performance can not be ignored is the safety of passengers that threatened from all sides,so the law imposed a heavy duty on carrier to protect the personal safety of travelers. The obligations of the carrier to ensure passengers’safety during transport are in the nature of security obligations.It is established in The Tort Liability Act as exotic in our country, with rationality and innovation, adapted to the needs of the new situation emerging in social reality. However, with the mutual penetration between the branches of law, the boundaries between the various law departments is no longer so obvious, the same with security obligations are not limited to the field of infringement, but to show the areas of contract, such as the expansion of the area of consumer trends. To ensure passengers safety,the carrier has the burden of security obligations is the best example of this trend. Moreover, I found that among the dispute because of damage caused personal travelers in judicial practice,the most controversial case is the co opetition of the third person’s positive harm occurred with omission of the carrier .Triggering the root cause of this controversy is that carrier to fulfill security obligations or not. Given that about this issue ,not only judicial practice,but also theoretical world ,has space to discuss, the author from the perspective of the third person who causes the passenger’s personal injury, discussing the liability of carrier who infringes the obligation of safety guarantee. This article will be introduced the following four parts:The first part is investigation of the responsibility assuming by the carrier who breaks security obligations in the judicial pra