Civil Supplementary Liability Theory

The so-called added responsibility, accountability index is in accordance with the law or the parties have agreed that, in the main responsibility can not pay or can not pay. by the added responsibility of a certain lack of commitment within the supplementary payment, thus the added benefit of eliminating all within the responsibility of the persons, added responsibility on our shoulders part of the payment to the main responsibility the responsibility to recover the request form. This is a traditional duty by shares, and several liability, joint and several liability is not really different in the new responsibility, It will balance the creditors and the debtor and the debtor's interest with a unique position and value In China's judicial practice has become a kind of claims processing and debt disputes effective manner. But for this new form of liability, academic and not taken any positive response, the little research, the provisions of the law are lagging in practice, leading to the application of justice is a bit confusing. Therefore, the paper added to the responsibility of the legal system as a comprehensive analysis reveals its true nature and identity, judicial applicable rules with a view to legislation and judicial practice reference.This paper is divided into six parts. The first part dealt with the added responsibility and common form of responsibility, that added responsibility with a better legal value can be used to solve a responsibility to other forms of insurmountable debts disputes given the added responsibility of the independent legal status, added responsibility to strengthen theoretical study has important significance; The second part of the added responsibility of defining content, including added the concept of responsibility, legal characteristics and theoretical basis, and by comparing the added responsibility and the responsibility of other forms of difference and further added responsibility of the content; The third part of the responsibility for supplementary type. In judicial practice has been in existence applicable added responsibility of the extensive case basis. relevant laws and judicial interpretations also have to provide, through the classification is not only to the existing rules and practices summed up, more uniform application of the future guidance; Part IV added responsibility for the effectiveness of the rules and commitment to answer. Added responsibility is different from other forms of responsibility, commitment and effectiveness of the rules with its own unique content; Top of the fifth part of the judicial code of the added responsibility of the applicable rules of judicial conductresearch, including added responsibility of the judicial entities in the application of judgment and proceedings; In the sixth part of my summing up front analyzed and discussed on the basis of Construction of the added responsibility of our legislative system thinking.