Study On Complementary Liabilities Of Tort Law

The complementary liability, means that in several liabilities of the same content basedon different causes among more than two tortfeasors, the tortfeasor who’s act cause thedamage directly is liable primarily, when he is missing or he’s capital is not sufficient toassume the full responsibility, the person who is secondly liable shall assume the liabilitycorresponding with the degree of his fault and the causal relationship caused by his slackness.As a relatively independent implicated liability, complementary liability is different fromjoint and several liability、 proportional liability and unreal joint and several liability, andhave its own nature and function.Complementary liability must have its own constitutive requirements and legal effectsdue to its nature of sequence and dependency. The existence of complementary liability isbased on the premise of the breach of the conduct obligation, this obligation can be derivedfrom the law or the provisions of the contract, and it can also be due to the special relationshipor antecedent behavior. There are three types of complementary liability in tort law of ourcountry: the complementary liability of the safe-guard obligor, the complementary liability ofthe entity employer dispatching the employee and the complementary liability of theeducational institution. The liability assumed by the person who get help from the helper andthe liability of guardian are not complementary liability, the typical research ofcomplementary liability in our country should be researched and explored further. In theprocedure, the complementary liability applies the necessary joint action, in this action theperson who is secondarily liable has the counterargument right of the advance enforcementand the right of objection.This paper is divided into three parts:In the first part, the author traces the source of complementary liability of tort law,introduces the process of its produce and development. Moreover, by comparing thecomplementary liability with the other civil liabilities in detail，the author defines theconcept、nature and characteristics of complementary liability accurately to lay a foundationfor further study. In the second part, by combining with the stipulations of current law and thebasic theory of tort law, the author elaborates the types of complementary liability of tort lawat present, clarifies its scope of application and possible propagation. In the third part, the author focuses on the analysis of the constitutive requirements and the legal effects ofcomplementary liability, puts forward some superficial views about the legal effects andprocedural rules of complementary liability, and hopes to make an effort on the constructionof complementary liability of tort law in our country.