Speeding up the construction of the "first responsibility" system of elevator safety

The "first responsibility" for the timely rescue elevator accident victims, by being in the elevator safety chain leading management, open the elevator accident liability chain, thereby reducing the main responsibility between post prevarication, to the formation of advance prevention, in regulation and post guaranteed complete safety chain.
Along with the rapid development of social economy and the deepening of the process of city, the number of China's elevator rapid growth, has become indispensable transportation tool in the production and life, the safety of the elevator and the related public security has become the focus in the society. But in recent years, the elevator safety accidents are still occurring frequently, and the problems and disadvantages in the elevator safety management are constantly exposed. Fundamentally speaking, the reason why our elevator safety problem has not been solved for a long time is due to the suspension of elevator safety responsibility and the inhibition of the main body of elevator safety caused by the failure responsibility mechanism. To effectively solve the crux of elevator safety management, we must accelerate the construction of the "first responsibility" system for elevator safety, and open the chain of elevator safety responsibility investigation. By implementing the main responsibility of elevator safety, we should arouse the enthusiasm of relevant subjects of elevator safety management, so as to improve the comprehensive administration of elevator safety and ensure the safety of people's lives and property. To this end, it is suggested that:
First, take the "first responsibility" as the system carrier of the safety of the elevator in the use of the common management mode, and realize the optimization of the elevator safety management structure.
The core of the system of "first responsibility" is that when an elevator accident or a fault causes personal injury or property damage, the elevator manager will bear the first liability for the victim, and timely treatment, resettlement of casualties and related expenses. In China's current laws and regulations, the norms of elevator infringement events are embodied in the forty-first provisions of the Tort Liability Act, the second of the special equipment safety act and the third regulation of special equipment safety supervision regulations. According to these regulations, when accidents are caused by defects in the elevator itself, when the administrator takes the first claim responsibility, it can recover the production enterprises, design enterprises, installation enterprises, maintenance enterprises and inspection units according to law. Therefore, "first responsibility" is not the only responsibility, which does not mean the use of the administrator to take responsibility for the accident alone. The use of the administrator has the right to recourse to other units after the use of a manager's first compensation and the liability of other units as identified by the liability for accident. In addition, in terms of jurisprudence, the victim can also directly claim compensation from other responsible parties in accordance with the law.
"The first responsibility" is not the fault liability. According to the current civil law and tort liability law of China, the principle of imputation includes fault liability, strict liability and fair responsibility. The so-called fault liability means that the actor's subjective negligence causes the product to be defective, thereby causing infringement to the consumer, and it should bear the corresponding liability for compensation. The "first responsibility" is not the meaning of the fault liability, but for the timely rescue elevator accident victims, by being in the elevator safety chain leading management, open the elevator accident liability chain, thereby reducing the main responsibility between post prevarication, to the formation of advance prevention, supervision, in the post ensure complete safety chain. Is advocated by the management and use of human bear the "first responsibility", because the victim (owners) a consumer service and the relationship between the management and use of human, according to the contract principle of relativity, and "consumer protection law" provisions of article fortieth of the consumers receiving services, their legitimate rights and interests are infringed, may demand compensation "to the service elevator, after the accident, the victim to claim responsibility for the management and use of human.
"First responsibility" is not the ultimate responsibility. The "first responsibility" is essentially the embodiment of the joint responsibility of elevator accidents, the realization of consumer rights relief timely, in accordance with the "tort liability law" article thirteenth "has been infringed the right to request all or part of joint responsibility" legislative principles fit. According to the theory of liability for tort, joint and several liability can not be compared with the ultimate responsibility. "First responsibility" does not mean the ultimate responsibility. After taking the first responsibility, the manager may exercise the right of recourse to the manufacturer or the elevator maintenance unit that has caused the elevator defect.
In essence, the "first responsibility" reflects the common management of the safe use of the elevator, breaking the original structure of the original elevator safety management. On the basis of elevator production main body, installation main body, mainstay subject and inspection body, a management entity with maximum benefit relationship with elevator safety is introduced. The use of management due to the rescue, first assume responsibility for payment, will have a strong incentive to purchase insurance, selection of high quality maintenance services, reduce the risk of their own responsibility; maintenance enterprises to assume maintenance responsibility will be at the same time, through the purchase of insurance supervision system of enterprises will install installation enterprises; supervise the production enterprises, so as to form a tight chain of responsibility. Besides, when introducing the elevator safety liability insurance system, insurance companies will take the initiative to participate in elevator safety management based on the cost of insurance compensation. Therefore, the establishment of the "first responsibility" system in the elevator safety governance will help to activate more governance entities, bring together more governance forces, integrate more governance resources, and achieve maximum effectiveness of elevator safety management.