The Research Of Added Responsibility In Civil Law

The so-called added responsibility is different from some traditional duty by shares, like several liability, joint and several liability and none-really-joint and several liability. It will balance the creditors and the debtor and the debtor's interest with a unique position and value. It has become a kind of claims and effective manner in China's judicial practice. But academics are not taken any positive response, and the provisions of the law are lagging in practice. This paper is expounded the basis of the added responsibility in civil law, as well as the existing law analyzing and judicial practice discussing, in order to make a comprehensive research on it. According to this, we can scatter it from all fields, and finally construct a complement of the added responsibility system, so that improve the civil liability system.This paper is divided into three parts.The first part is about the basic theory of the added responsibility. Based on the understanding of the concept, we are doing a research on the character and nature of the added responsibility. And next, by comparing of the added responsibility and the other responsibilities, we make a further understanding of the concept, characters and nature of it. This comparison is very important, which illustrates its unique value; because it means that the added responsibility cannot be substituted by other forms of liability. Since the presence of added responsibility is necessary, we make a final research on the theoretical basis of the added responsibility. These six issues are closely linked, and gradually unfolding.The second part is mainly about the research on the classification of the added responsibility. There are two levels of it. The first level is about the introduction of the classification from the academics and the assessment of them. The second level is what the classification ought to be. We divide it into two parts, one is in the tort law, the other one is in the contract field. Finally, we make a special research on the added responsibility of the security obligations. Through the classification, we not only make a summary of the existing law, but also support a reference of the uniform applications.The third part points out some issues to be taken into consideration when applying such liability in judicial practice. This chapter is talking about the entities and the procedures of it. And the same time, we put forward reasonable suggestions of the added responsibility.