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The Infringement Supplement Responsibility

Posted on:2013-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:R HanFull Text:PDF
GTID:2246330371992876Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the traditional theory of civil liability will generally be the common responsibility divided by shares responsibility and joint and several liability. With the development of society, civil law practice and theory is generally believed that the above classification has been unable to meet the common responsibility of the needs of the situation, so in addition to these two common responsibility, but also the additional responsibility of a special responsibility to form. The so-called supplementary liability in the case of a third party infringement and complementary responsibility there is no fault, supplementary liability bear the responsibility of the appropriate supplemental liability form within a certain range. Supplementary liability is a major innovation in the field of tort law theory and legislation, and effective solution to a real life to the traditional theory and legal problems. Supplementary liability of infringement and distinct legal connotations and applicable rules, it has a unique legal value, and plays an irreplaceable role to resolve conflicts between stakeholders, to make up for the civil liability of functional defects, a better balance interests of the parties of the parties, has important theoretical value and practical significance. However, the concept, scope and nature of the infringement additional responsibilities have been disputed, is far from systematic, current law lags behind the practice, leading to confusion in the judicial application. Through the infringement supplementary liability legislation of the system perfect, to make it fully play to fill the damage and prevent damage, while avoiding disadvantages, which is the main purpose of this study.The text of this paper is divided into four parts, the first part described the basic theory of tort supplementary liability. First start from the meaning of the supplementary liability, civil supplementary liability and Development Review, and then extended to the infringement supplementary liability and tort additional responsibility, defining the concept. Next, the author of the legal characteristics of the infringement additional responsibility and rational analysis to further clarify the supplementary liability of infringement as an independent value of the civil liability system.The second part is the theoretical study of the infringing nature of the additional responsibilities. Civil law academic dispute on the nature of the additional responsibility of infringement analysis and evaluation In this paper, the main representative of the doctrine, the nature and characteristics of the infringement supplementary liability through comparative analysis of civil liability to the several other more prominent, that is implicated, the order the nature of, supplementary and recovery, a clear infringement supplementary liability is not the same joint and several liability is not really, but an independent form of responsibility.Starting the third part of our country,"Tort Liability Act" provisions on additional responsibilities, introduces the infringement of the scope of application of the additional responsibilities in the current legislative provisions. From infringing the theoretical study of the additional responsibilities and judicial situation, China’s Tort Liability Act, supplementary liability system in the Legislative mode, the scope of responsibility, shared responsibility and the four aspects of the litigation structure there are some shortcomings, and therefore not conducive to the protection and balanced the legitimate interests of the parties, which also affected the system of supplementary liability of infringement. Solve these problems, the author presented in the summary of the academia, the theoretical results on the basis of their own thinking and evaluation.As the last part of the body, the article discusses the recommendations on the improvement of China’s infringement supplementary liability regime. The author argues that should make it clear to supplement the scope of the duty to determine the appropriate proportion of the additional responsibility, restoration of the recourse to the provisions and the establishment of the structure of scientific litigation. A full range of multi-level research and improve the infringement supplementary liability only from the theoretical level and the level of judicial practice, to make supplementary liability of infringement to the final formation of the theoretical systematic and applicable to the unity.
Keywords/Search Tags:supplementary liability, supplementary liability of infringement, legalnature, legislation perfect
PDF Full Text Request
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