安全保障义务既可以来源于附随义务,又可以是一种法定义务。但在我国现有法律体系之下,我国宜将安全保障义务明确规定为一种法定义务,违反此义务,承担侵权责任,而仅以附随义务为补充。在第三人侵权时,经营者将依情况而有可能与第三人构成共同侵权责任。 The obligation of security can come from the incidental obligation as well as a statutory obligation. However, under the existing legal system in our country, China should clearly stipulate the obligation of safeguarding security as a statutory obligation, in violation of this obligation, to bear the tort liability but only to supplement the incidental obligation. In the third party infringement, the operator will be subject to the circumstances and the third party may constitute a joint tort liability.