Abstract
The operator safety control duty which sets up for the consumer protection benefit is one kind of abstract dangerous attention duty, it originates from German judge the social activity safe attention duty theory which develops from the legal precedent, this duty is compulsory, cannot agree the legal obligation which removes and limits. Tries this kind of case when the judicial practice, we should face up to operator's legal advantage, gives dual attention to the consumer and operator's benefit balance, is clear about the operator to be able to control reasonably to its management behavior related dangerous source, from official standard, agreement standard and rational person's aspects and so on standard grasps the operator to pay attention to the voluntary the reasonable scope, decided whether the operator does undertake the right infringement responsibility mistake (error) and the mistake size judgment standard is mainly an operator whether to violate the legal obligation, the agreement duty or the social life general attention duty. Violates the safety control duty the operator responsibility to undertake the way for the direct liability or the supplement responsibility two forms, when the third person infringes upon the right positively, the operator does not take negatively to the consumer creates the harm fact, operator's supplement liability of compensation total amount should be smaller than or be equal to that infringes upon the right directly the liability of compensation total amount which the third person must undertake. key word: Safety control duty; Reasonable scope, mistake, supplement responsibility
Key Word Safety control duty ； Reasonable scope ； mistake ；supplement responsibility
