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Tort Added Responsibility

Posted on:2006-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Supplementary infringement liability is a new type of infringement liability. It means that when the conducts of various persons have caused various liabilities, the one who is subject to supplementary infringement liability shall assume the liability in case the person directly responsible for the damages fails to compensate or fully compensate or loses whereabouts, and shall have the right to ask reimbursement from the first-sequence liability-holder. There are a lot of cases relevant in judicial practice. The Interpretation on the Various Issues Concerning the Application of Laws in Hearing Human Person Damages Cases promulgated by the Supreme Court of the People's Republic of China also stipulates the supplementary infringement liability of the breaker of safety guarantee duty.The body of this paper is divided into three parts.Part One is about the basic theory of the supplementary infringement liability. This part begins with the discussion of its meaning, characteristic, structure and nature. Its basic structure reflects a state of coincidence of full liability of the direct liability-holder and the supplementary liability of the supplementary liability-holder. Supplementary infringement liability derives from the theory of unreal joint and several liability. Due to its unique sequence order which is different from that of the unreal joint and several liability, this paper takes it apart from the unreal joint and several liability. This paper tries to make an accurate definition of supplementary infringement liability by comparing it with several liability, proportion liability, advancedly paid liability and compensation liability, and to establish basic rules for the holding of supplementary infringement liability on the background of the grasping of its internal and external legal effects.Part Two deals with specifically the supplementary infringement liability held by the breaker of safety guarantee duty. The establishment of the said liability is in contrast with the inculpatory nature of negative infringement. This part starts with the relevant theories of safety guarantee duty, which in principle is a kind of statutory andfundamental duty, the purpose of which is to provide the injurer with a basis for claim. Then it points out the negligent inculpatory principle for supplementary infringement liability. And finally it discusses the composing elements of supplementary infringement liability.Part Three points out some issues to be taken into consideration when applying such liability in judicial pratice. It first discusses in detail the causation and negligence components, holding that the causation should be determined by reference to the equivalent causation theory and relativity theory, and that negligence be determined according to objective negligence theory. A proposal is made that the general negligence presumption principle be used for later legislation. It then discusses several procedural issues relevant in trial.
Keywords/Search Tags:supplementary liability, unreal joint and several liability, safety guarantee duty, inculpatory principle
PDF Full Text Request
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