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近年来随着经济的发展,经营者和消费者的关系越来越密切,同时也出现了诸多社会安全问题,给人们的人身和财产造成损害。我国《民法通则》未对安全保障义务做出明确规定,如今2010年7月1日起实行的《侵权责任法》对此已经做出一般性规定,但就该义务归责原则及过错的判断标准学界还存在争议,笔者认为有必要对其做进一步的探究。
In recent years, with the development of economy, the relationship between managers and consumers has become closer and closer. At the same time, many social security problems have emerged, which have brought harm to people and property. China’s “General Principles of Civil Law” does not clearly stipulate the obligation of safeguarding security. Now, the “Tort Liability Law” which has been implemented since July 1, 2010 has made general provisions in this regard. However, the principle of imputation and the judgment of fault The standard academic circles are still in dispute, and I think it is necessary to do further research on them.