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Research On The Supplementary Liability In The Tort Liability Law Of China

Posted on:2012-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:X J WuFull Text:PDF
GTID:2166330335959568Subject:Law
Abstract/Summary:PDF Full Text Request
Supplementary liability is a independent tort liability form which is different from joint liability, several liability, non-really-joint liability. It is a liability form, where the injury or damage is caused by a third party, and the supplementary liability person is at fault, the supplementary liability person shall bear the liability within a limited range. Supplementary Liability was established by legislation for the first time in the Tort Liability Law of China, and it has important significance in theory and practice.The thesis is composed of four parts. In the first part, the author expounds the basic theory of supplementary liability, beginning with the concept of Supplementary Liability, it then discusses the components of Supplementary Liability, analyzes the similarities and differences between supplementary liability and the other similar liability form, such as joint liability, non-really-joint liability and so on, make supplementary apart from the other tort liability form. In the second part, the author analyzes the cause of the supplementary liability, on the one hand, it is because of the dilemma of application of law; on the other hand, it is in order to protect the victim's right. In the third part, the author discusses the legal effect of supplementary liability contains the internal effect and external effect, the internal effect is the right of resource on the part of the supplementary liability person against the direct liability person; according to the difference of bear the responsibility of the direct liability person, external effect are divided into four kinds of situations. The last part is based on the provision about the supplementary liability in the Tort Supplement Law of china, expounds the reflection of legislation, and then, based on the analysis of the above, the author discusses the confirmation of supplementary liability, the principle of liability in supplementary liability, procedure, execution, and puts my own views on how to understand the provision about the supplementary liability in Tort Liability Law of China.
Keywords/Search Tags:Supplementary Liability, Legislative reflection, Judicial application
PDF Full Text Request
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