Study On Supplementary Liability In Tort

In the conventional theories of civil liability, mutual responsibility is usually divided into individual liability and jointly liability. However, the division cannot meet the social satisfaction, as the cases relating to civil liability are merged endlessly. Such as: the consume damaged cases, the underage students hurt by the third party in school or kindergarten cases, and attendees harmed in other social activities cases. So supplementary liability emerges, which is a special form of the civil liability for infringement of rights. As the judicial interpretations on the supplementary liability are not satisfying enough, the scholars and the practitioners haggle over them endlessly. The dissertation is to analyze it by beginning with a typical case .The author hopes it can provide theoretical guidance to hope code with the similar cases in the judicial practice.Besides the preface and conclusion section, this dissertation is divided into 3 chapters.Chapterâ… introduces the fundamental theory of supplementary liability, including the conception, character, nature, types and effectiveness. The author especially explains supplementary liability doesn't equate to the non-true jointly liability, and points out the sphere of the supplementary liability when the principal debtor doesn't bear the all debt or he isn't determined.Chapterâ…¡analyzes the relations between supplementary liability and other civil liabilities, including jointly liability, vicarious liability, liability of advanced pay, civil liability of indemnity, liability of supplementary discharge. Trough the comparative analysis, the dissertation interprets the characters of supplementary liability distinctly in case of the confusion in the judicial practice.As the core of the dissertation, Chapterâ…¢chiefly studies the applicable spheres of supplementary liability in China's legal rules, which include the operator's supplementary liability, supplementary liability in school accidents and the organizers'supplementary liability in other social activities. Meanwhile the author analyzes the judicial foundation, the principles and rules, the sphere, and the legal procedure structure. Through analyzing the character of the helper liability when the third party...