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The Supplementary Liability Of Torts, Proceeding Research

Posted on:2013-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:J L GaoFull Text:PDF
GTID:2246330374999784Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Supplementary liability of infringement as an independent tort liability form,does not have the advantages of joint and several liability and other responsibilityform, Infringement supplementary liability regime designed to maximize balance theinterests of the parties, in fact, the body of legal relations requires procedural law tobe realized. In this regard, the convenient practice on the use of the additionalresponsibility of infringement, it is necessary to design procedures.This article is divided into three chapters:The first chapter introduces the general issue of infringement supplement theappeal of the liability. First, the substantive law basis of the complaint ofinfringement additional responsibility, which clearly theorists and the judiciarydispute infringement complement the concept of responsibility, the nature,effectiveness; Secondly, on the basis of a clear substantive law, and further discussesthe infringement supplementary liability claim classification, were further extended incases of infringement supplementary liability on the basis of existing legislation.The second chapter focuses on the main building of the necessity and feasibilityof the supplementary liability of infringement proceedings. First of all, respectively,from the elaborate to the necessity of the establishment of the proceedings,respectively, from the legal level and the current level of legislation, judicial practiceon the feasibility of the proceedings.Chapter III of the supplementary liability of infringement proceedings, thespecific build First, infringement supplementary liability litigation form a detailedanalysis that the supplementary liability of infringement should be implicated in theneed for common action form; elaborate proceedings involving the allocation ofjudges to the identification of areas of responsibility and burden of proof that theidentification of areas of responsibility should be to complement the fault of thepersons responsible for the extent and causes of force size as a standard, the burdenof proof on the burden of proof upside down.Finally, some of the issues that need attention in the execution of the judgmentwere to be elaborated, clearly the implementation of the principle of infringement of additional persons responsible for running The right to dissent, to enjoy the right torecover the possible infringement supplementary liability, responsibility should bebased on the scope of responsibility responsibility as a standard, to the degree of faultand causes of force, does not enjoy the right to recover, the responsibility of morethan the corresponding additional responsibilities, the law should be given its right ofrecovery.
Keywords/Search Tags:Infringement supplementary responsibility, Litigation patterns, Areas ofresponsibility, The burden of proof, Execution
PDF Full Text Request
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