第三人侵权中经营者的注意义务探析

On the Operators' Duty of Care in the Infringement of the Third Party

在侵权法中,违反注意义务的判断标准既是一个理论问题更是一个司法实践问题,它的确定和明晰具有重大的现实意义。探寻在第三人侵犯消费者权利的情形下,经营者应承担的注意义务的判断标准。由此说明以理性人标准为基础的注意义务的判断必须从个案出发,无法建立一个适用于各个领域的注意义务的判断标准。

In tort law, the judging criteria of breach of care is a problem of judicial practice as well as a problem of theory, the definition and the clarification of which are of great significance. Based on the empirical study of one ease, this article elucidates that the reasonable criteria of business operators liability when the personal injury or property damage is caused by the carelessness of business operators. Such conclusion could not be drawn so simply in fact, namely, the judging criteria of duty of care is single.