On The Repael Of The Supplenmentary Liability

Judicial Interpretation of the Personal Damages in2003to Tort Liability Act in2009, scholars show growing concern and discussions on the provisions of supplementary liability, some of them approbate some of them not. There are a lot of controversies on the theory of supplementary liability. Authors believe that the supplementary liability should be repealed. This paper is consisted of four parts:the introduction is the first part, which describes the discovery and development of the supplementary liability, explains the earliest use and the earliest concept of the supplementary responsibility, introduces the development of supplementary liability that including legislative provisions and the multitude understandings of the scholars. Finally, this part summarized the four stages of the development of supplementary liability for the clarity of its historical context. The second part discusses the nature of the supplementary liability. On the characteristics and related theory of the supplementary liability, it explores the relationship and the difference of the supplementary responsibility, individual responsibility, and the mutual responsibility, makes a comparative analysis of related theory. The third part discusses logical contradiction of sequence of supplementary liability by three aspects:fault, causes and consequences. Then paper demonstrated the nature of the supplementary liability is the joint and several liabilities by content and form, which is not the innovation but the confusion of the theory. The fourth part discusses the rationality of the responsibility, exposes it’s unreasonable in detail and criticizes it from the legal perspective sight, which reinforce the point of view that supplemental liability should be repealed. The final part is the conclusion, explains the views where from in this paper.