经营者侵权补充责任的构成要件应以经营者具有合法的经营资格及经营活动为前提条件。经营者是否承担安全保障义务应具体衡量其与当事人之间的关系,不能以确定的场所来规范经营者的责任范围。过错推定不应是经营者侵权补充责任的归责原则。 Constituent elements of the operator’s liability for supplementing infringement should be preconditioned by the operator’s having legal business qualifications and business activities. Whether the operator undertakes the obligation of safety and security should measure the relationship with the parties in detail, and can not regulate the scope of responsibility of the operator with a definite place. The presumption of fault should not be the responsibility of the operator to supplement the liability of the principle of liability.