Supplementary Responsibility In The First Of Plea The Right To Study

With rule of law gradually being accepted and the perfection of laws and regulations, people's awareness of law and protecting their own rights is enhancing .So how to arrange the systems for civil liability reasonably to ensure the protection of all parties' rights has become an important issue which deserves our attention. In the introduction of prelitigation demur rights for general guarantors in Assurance Law, this paper gives analysis on different kinds of supplemental liability and explores the possibility of its wide application in different kinds of supplemental liability.Prelitigation demur right in the general liability guarantee is an ancient and peculiar system .It refers to the right of defense that the general guarantor can refuse to perform his obligation when the creditor asks the guarantor to fulfill the guaranteed debt without prosecuting the principal debtor . From its origin in the general guarantee liability and its system design,we can see that the legal principle ,the legislation goal ,the legal value to be reached and the supplemental liability of the prelitigation demur right area all deriving from the same origin--that is to protect the benefit of the creditor and to give attention to the benefit of the supplemental person liable at the same time . And this kind of consistency makes it possible and lays the sound foundation for the prelitigation demur right to be used widely in all kinds of supplemental liability .This paper gives analysis and explanation of the related notions ,collects related systems that are referred to in Chinese laws and makes close and detailed research about its history, principle and clauses . The basis for the university of prelitigation demur right in supplemental liability is the justice and fairness of law and its being supplemental and independent. The research shows that prelitigation demur right can be applied to certain kinds of supplemental liability and provides specific ways for dividing liability, thus improving justice and fairness and reducing conflicts.From the theory of supplemental liability and the related regulations referred to in Chinese civil laws,the first part is about the concept of supplemental liability and its range ,especially it points out the particularity of the supplemental liability for tort as well as the similarities and differences between it and the supplemental liability of the general guarantor in Assurance Law . The first part is the foundation for the following explanation of the prelitigation demur right's application to the supplemental liability for tort.The second part introduces the system of pretiligation demur right including its evolution ,function and value, and analyses the reasons and possibility for the application of PDR in supplemental liability for tort in terms of justice ,being supplemental and independent and tells the practical methods and procedures of the application . The third part is the feasibility analysis about the application of the pretiliagation demur right to specific supplemental liability and the following conclusion is drawn : there is no PDR for the supplemental liability among the partners ,while it exists in the supplemental liability of the expert to the third party . PDR doesn't exist between guardians and wards while it exists between the parents who don't live with the child and the guardian . The obligor for security has PDR in his supplemental liability .The educational organizations don't have it when a minor does damage to others while they can have it when damage is done to the minor by the third party .We can see from the cases that PDR can not be applied to all kinds of supplemental liability and not all are necessary to be so .We should treat matters in discriminating manner.Guarantee Liability and Supplemental liability have the same origin .If we can wisely apply PDR to all the suited supplemental liability ,then all the parties will be more certain about their own rights and obligations and can assume liability more scientifically and reasonably, and finally the real fairness of entity and procedure can be realized...