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Supplementary Liability Of Tort Liability Law Research In China

Posted on:2013-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y JiangFull Text:PDF
GTID:2246330395490668Subject:Law
Abstract/Summary:PDF Full Text Request
Article34, paragraph2, Article37, paragraph2, and Article40of Tort Law in the People’s Republic of China make provisions of infringement of supplementary liability on the basis of "the interpretation of the Supreme People’s Court on hearing the personal injury compensation case law applicable to a number of issues "([2003] judicial explanation No.20)(Will be named "personal injury compensation interpretation")The dispute is endless in Judicial practice which related to safety and security obligations due to the behavior of the third person to take responsibility and the responsibility of the dispatch unit of the selection and supervision of the commitment due to the behavior of workers.This paper focuses on the "Tort Law" as well as "judicial interpretation of personal injury compensation", conducting a more in-depth discussion about the questions of the definition and Theoretical basis of infringement supplement responsibility, the scope of compensation and the right of recourse of the persons who are responsible for such issues.Supplementary liability of infringement is the tort liability in which the majority of actors have the same benefits of the content based on the different causes.When it’s able to identify the perpetrators, the perpetrators and others who are responsible for this to shoulder the responsibility, safety and security obligations is not responsible for that; When it’s unable to identify the perpetrators, the supplementary obligations should bear the corresponding responsibility to their fault; If it’s able to identify the perpetrators, but the offender or the one who is responsibility for damage can not take full responsibility,in this case, the offender or the one who is responsible for the damage should shoulder the responsibility, the remaining shortfall part is by additional persons who are responsible bear the additional responsibility to bear the corresponding responsibility. Based on the close contact of Supplementary liability of infringement and social security obligations, when exploring the theoretical basis, we draw lessons from the theory of social activities, safety obligations in Germany, combined with the specific provisions of the Tort Liability Act, the theoretical basis of the tort additional responsibilities include the opening and maintainance of danger, the ideology of trust and protect, the possibility of hazard control, the compensation principle, the principle of fairness and the theory of basic human rights such six parts. Our country should be recognize the limited right of recourse of tort additional persons. Both of the practices:a complete denial of the right of recourse or full recognition of the recourse are defective. In addition, this paper put forward a comprehensive criteria of the compensation range, with the hope to provide reference for the specific application of the infringement supplementary liability.
Keywords/Search Tags:Infringement supplementary responsibility, Security obligations, Notreally joint and several liability
PDF Full Text Request
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