On Supplementary Responsibility Of Safety-guard Duty

Tort liability law for the first time in the form of legislative provisions of the supplementary liability system, but the system still exists many shortage, must to perfectthe system. This article will focus on the system step by step.First of all, from the perspective of the institutional norms and judicial practice, the comprehensive analysis of the security obligation added value significance of responsibility system and the existing problems, and through the empirical analysis found that the main problem of the legal system are: security obligation subject is too narrow,imputation principle provision is unclear, whether has the right to recover the blurred,etc. Second, through to the core issue of supplementary liability safeguards obligations are discussed, think security obligations derived from risk control theory, through theintroduction of the theory in our country, to expand the scope of security obligationsapplicable field, at the same time also should draw lessons from reasonable person standard as a judgment standard for safety guarantee obligation, prevent its unlimited expansion. Third, security obligor supplement responsibility as the system core, there aretwo important issues, respectively is presumption of fault and the cognizance of causality, on these issues, the safety guarantee obligation plays an important bridging role,not only through the security obligation violation to the existence of the presumptionof fault, at the same time, also by if have security obligations, no damage rules todetermine causality. Fourth, in terms of the supplementary liability, this paper argues that supplementary liability is in the second line, from belong to the direct responsibility, it also applies the rules of negligence offset, at the same time, the safety guaranteeobligation after the supplementary liability, in principle should not be shall enjoy theright of recourse against the. Fifth, in the specific content of the above analysis, onthe basis of supplementary measures for perfecting the responsibility system was put forward, including expanding the scope of the compulsory subject, clear fault liability, limited right of recourse against the development of theory and judicial practice.