Study On The Supplementary Liability For Operator In The Context Of The Third Party Tort

As one of the civil responsibilities, the supplementary liability can be seen in the Security Law and the provisions of the Partnership Enterprise Law. When the supplementary liability has been broght into the Tort Liability law, as a tort responsibility, it has been a major feature in China's recent Tort Liability Law. The so-called tort liability is means:when the damage is caused by the results of the third party's infringement act, the third party should be respongsible for the supplementary; while if the third party can not pay or can't afford, the security obligor should be respongsible for the supplementary if he has faults when the security creditor is damaged in third tort, and then he could get a limited recovery from the third party. Therefore, this is a tort liability which is not really independent on traditional joint responsibility, several liability or non-essential Joint and Several Liability in the tort liability form.Its appearance, on the one hand it adjusts to the the rapid development of market economy and conforms to the legal system closer to the basic requirements, on the other hand to better meet the claims of victims. However, the thirty-seventh provision in Tort Liability Law didn't give a clear regulation to this new form of tort liability, especially the rules to bear the responsibility still need to be considered; and the academic dose also not make a positive response to the basic principle. These all lead to a confusion in judicial practice. Therefore, this article is from the perspective of the analysis of the tort liability system, complement the legislative and judicial defects, and after analyzing the quantitative, this article will devise specific rules for the construction of bearing responsibility, making the system based on social cost savings and better protective role.This article is divided into four parts. The first part, from the theoretical level of our system of tort liability system added to sort out the meaning of additional responsibilities, including infringement, legal characteristics, components, classification and operators bearing the added responsibility of the legal basis for the infringement; the second part, the introduction of tort additional liability legislation and relevant judicial interpretations, based on the combination of traditional basic principles of tort law, a comprehensive analysis system for the plight of the relevant legislation; the third part, combing foreign and comparative analysis of relevant legislation, to seek and learn from foreign advanced advanced legislative to improve the system of tort liability system added; fourth part of the specific commitments clear responsibility for tort liability rules supplement, based on the correct complement of tort liability system.