Study On The Supplementary Liability In Torts Law

With the development of modern society, all kinds of infringement cases increasingly occur. In order to better protect the legitimate interests of the infringee. Theorists of civil law in China raised a new form of liability——"supplementary liability". "Supreme Court case on compensation for personal injury trial law applicable to a number of issues of interpretation" made provisions on the supplementary liability for the first time. "Tort Liability Act" which published in December 2009 did a more clear definition on the supplementary liability. However, as a new form of liability, academic research on this theory is not sufficient. There still remain some problems of the supplementary liability in the application. In view of this, the paper discusses relevant issues to the supplementary liability for the infringement, in the hope to benefit the further research in China and provide strong theoretical guidance in the judicial practice.This paper is composed of the introduction, main body and conclusions, totally about 40,000 words.Introduction points out that the proposal of supplementary liability is a new supplementary liability which civil law theorists have summarized from the judicial practice. It is a major contribution from civil judicial practice to the civil law and it leads to the subject to be discussed in this paper.Through the literature review section, empirical analysis, comparative method, etc, the body primarily analyzes and discusses from various aspects, such as the overview of supplementary liability, relevant laws and regulations, the types of supplementary liability and characteristics in the "Tort Liability Act",and supplementary liability applicable in judicial practice. The body is divided into four chapters:The first chapter is an overview of tort supplementary liability. The section one analyzes the concept and Characteristics of supplementary liability. Scholars do not form a consensus on the concept of tort liability. This paper argues that the main meaning of supplementary liability should include two aspects:First, undertake supplementary liability in turn; second, the scope of compensation is complementary. It also analyzes the characteristics of supplementary liability tort from five aspects. The section two is analysis between supplementary liability and related civil liability. Analysis was carried out through supplementary liability and liability by shares, supplementary liability and joint liability, supplementary liability and unreal joint liability. The section three discusses the theoretical basis and research significance of supplementary liability.The second chapter is about the relevant laws and regulations of supplementary liability. The section one is the relevant laws and regulations of supplementary liability in "Supreme Court case on compensation for personal injury trial law applicable to a number of issues of interpretation", mainly reflected in Article 6, Article 7 and Article 14. The section two analysis the relevant laws and regulations of supplementary liability in "Tort Liability Act", reflected in Article 34, Article 37and Article 40.A comparative analysis is made between relevant provisions and "Supreme Court case on compensation for personal injury trial law applicable to a number of issues of interpretation". The section three discusses the problems about our existing laws and regulations of supplementary liability. It main analysis other situations to use supplementary liability that "Tort Liability Act" are not set, and the commitment rule of supplementary liability.The third chapter analyzes of the types and characteristics of supplementary liability in "Tort Liability Act". The section one analyzes the supplementary liability of labor dispatch agencies. Mainly from the identification of dispatch and dispatch personnel causing harm. The section two is mainly about the supplementary liability of the obligation of security. It includes the content and scope of the security obligations, identification of the security obligations, and the definition of tort liability when a third party causes injury. The section three analyzes the supplementary liability of the educational institutions in campus accident. It analyzes the tort law properties of Education management responsibilities, the constituent elements of civil liability in schools and other educational institutions, and the Infringer accountability when the infringer is not a staff of educational institutions.The fourth chapter is mainly about the application of supplementary liability in the judicial practice. The section one analyzes the supplementary liability in the judicial practice through three typical cases, respectively. The section two discusses the problems should be paid attention in the application of supplementary liability, including application of fault, judgments of causation, general defenses and extent of compensation, etc.The conclusion is the summary of this paper.