Civil Supplementary Liability

With the development of social economy，the type of infringement cases arediversified development，"Yinhe hotel" made a case management place the securityobligation of surface，the responsibility should be the main responsibility is become thefocus of academia widespread debate.Without such cases related to the specificapplication according to the circumstances，the court made judgment in different ways，different phenomena to a surge in connection with the case， the resulting socialcontradictions，directly led to the2004<the interpretation of the supreme people’s courton several issues concerning application of the law on compensation for personal injury>of "the third person+intentionally infringement behavior person negative inaction andcause person damage" cases, establishing the system of supplementary liability to paycompensation，<the tort liability law of the People’s Republic of China> in2010and in theform of legislation to the supplement responsibility shall be finally established the civiltort liability form.But unfortunately，relevant legal documents for specific rules of tortcompensatory responsibility did not make specific provision， the basic theory ofresponsibility is still controversial.This paper mainly discusses the basic theory andapplication of responsibility of tort supplementary rules，in order to guide practice，realizing the social fairness and justice.Text composed by three parts of the Introduction、body and conclusion，the bodyincludes three chapters.Introduction part mainly summarizes the "third person+intentionally infringement behavior person negative inaction and cause person damage"such cases of infringement of the legislative process，reveals the judicial practicesubstantial injustice caused by the unclear related rules，causing the writing purpose of thisdocument，namely in details about extraterritorial law related to the referee rules. On thebasis of，clarify the tort compensatory responsibility specific rules of the responsibilitysystem， to provide reliable theory in the practice of dealing with such cases ofinfringement.First chapter from a comparative law perspective discusses the necessity andimportance of tort supplement responsibility.Outside the law are not added provisions oftort liability，and are set to jointly and severally liable to deal with，so tort compensatoryresponsibility system has become the our country law first.Based on the related provisionsof domestic law，the establishment of added tort liability system has its theoretical basis，it is different from joint and several liability、according to the duty，also different from general guarantee responsibility，is able to fully guarantee the victim was able to relief，and not to impose the responsibility as the infringer，avoid impeding the socio-economicand orderly development.The second chapter mainly expounds the basic theory of tort compensatory liability，including the definition、classification、the nature and effectiveness.To explore what is atort compensatory liability responsibility system，must first clear the relevant basictheory.While many scholars of tort compensatory responsibility define differences stillexist，this is not conducive to mastery of added tort liability system and apply；liability fortort supplement "complementary" and "adaptive" the surface of the conflict，this articleuse the method of classification shall be divided，help to deeper to determine the object ofthis paper-specific rules of the corresponding supplementary liability.The third chapter is supplement liability for tort cases.Distinguish between thetortfeasor and passive as the actor’s subjective state of different conditions werediscussed，clear when actor subjectively is deliberately、negative as the offender issubjective fault，to apply tort compensatory responsibility burden sharing system.Andwhen the infringement behavior person is subjective fault、negative not as a person isnegligent，shall be separately situation shall be determined on the basis of joint and severalliability or liability by shares.Conclusion part points out the author added responsibility for infringement relatedrules has not yet been established、and the concerns of the research more and more cold，called for relevant legislature to publish relevant explanation as soon as possible，specifictort compensatory responsibility specific rules and applicable conditions，in order to betterresolve the dispute，realizing the social fairness and justice.