A Study On The Supplementary Liability In Tort Law

Our law has been confirmed as one of supplementary liability tort liability form, which applies several people enriched form of tort liability, the balance of the interests of the main parties. However, since the legislation on supplementary liability norms started late, supplementary liability for infringement of nature, values, category, type of problems exist theorists intellectual loss. Judicial practice supplementary liability of judges is not the same understanding and application of "entity supplement" responsibility and the "program supplement" the lack of uniform standards applicable objective, but there is no clear and specific rules applicable. Shared responsibility should be a major consideration for repayment of external and internal infringer each tortfeasor final responsibility sharing responsibility since the establishment of shared responsibility in the back, only to determine the liability is established in order to consider shared responsibility, shared responsibility should not be so in principle responsibility constitute argument basis points. To this end, the author of open horizons, introducing "risk guarantee liability" concept, to re-examine the legitimacy of supplementary liability basis, trying to uncover the unified standard supplementary liability regime.This paper is divided into five sections:The first part of the application status of supplementary liability. Supplementary liability provisions of the current responsibilities of the supplementary regulations and tort law to sort, combined with the reality of jurisprudence, that the current complement of tort liability lack of uniform standards, but in practice, the court’s decision also around different.The second part, supplementary liability legitimacy. Author supplementary liability connotation, we analyze the definition of supplementary and complementary responsibility and liability of joint and several liability, according to copies of the responsibility relationship to reason and force elements of the analysis of the fault element of supplementary liability legitimacy and value.The third part, the nature of supplementary liability. The author analyzes the joint and several liability is not true that the broad Concurrence that involved risk Responsibilities Responsibilities and elaborate on the nature of the supplementary liability, liability risk guarantees offered to try to explain the nature of the supplementary liability.The fourth part, supplementary liability Scope and Elements. From the nature of the supplementary liability of departure, the author reviews the supplementary liability should apply to several circumstances, and analyzes the several elements constituting the supplementary liability.The fifth part, implement supplementary liability. Discussion at the current judicial system, how the trial proceedings and execution of the program to achieve supplementary liability.