Study In Supplementary Responsibility System

With the development of our society, people's legal awareness is on the rise and a variety of new civil disputes cases come into being while the phenomenon of lacking legal basis for civil liability becomes increasingly obvious. It is in this context that supplementary responsibility enters people's vision as a new type of civil liability and gains more and more attention from law circle. Some academic research results about supplementary responsibility have been confirmed by the judicial interpretation given by the Supreme People's Court, and further applied in the newly-issued Tort Law.As a new type of responsibility form different from joint responsibility, split responsibility and unreal joint responsibility, supplementary responsibility strikes a balance of interests relationship between creditor, debtor and that between different debtors by means of its unique way. Therefore, it has gradually become an effective way to deal with the civil disputes in the legal practice. However, the law circle has not made a systematic or theoretical study on this new type of liability with most Chinese characteristics, nor developed uniform regulations in legislation. In the process of argumentation, this paper, first of all, brings forward the problems and difficulties faced by supplementary responsibility in the context of its development background and the analysis of legislation regulation; furthermore, discusses and analyzes the existing theories of the supplementary responsibility, discloses the legal connotation and nature of the supplementary responsibility, puts forward the difference and similarities between the supplementary responsibility and other civil responsibility by comparing them, and figures out the unique value exclusively existing in the supplementary responsibility so as to lay a sound theoretical foundation for studying the applicability of the supplementary responsibility system; finally, puts forward some suggestions for further improving our national supplementary responsibility from such two levels as legislation and judicature.