The Theory Of Security Obligation Of Supplementary Liability

Operator is under the obligations to safeguard personal and property security within the operating premise. the liabilities assumed by the security obligor is, in fact one kind of special tort liability, also a statutory duty, supplementary to the liabilities under the Tort Law.. The supplementary liability should be shared by more than two obligors. The supplementary liability mechanism, as a relatively independent scheme, has special significance. Under the supplementary liability mechanism, in case of an infringement from a third person, the security obligor should be applied to assume the supplementary liability, rather than the joint&several, shared liability and non-essential joint liability&joint liability. The study over supplementary liability mainly comes from the proposed analysis into the constitutive elements including damage, a causal relationship between fault and damage, as well as the study over the involvement of the third person and the liability assumption scheme. It is proved in the long-term judicial practices that the creation of supplementary liability, makes up, to a certain extent, applies to defects of a shared liability and joint&several liability, thus becoming an independent liable scheme quietly different from the non-essential several and joint liability. Operators assume appropriate liabilities only when not discharging their duty of care, and he or she will not be held liable if the due obligation does not exist, or he or she has reached a degree of it should be noted. This paper, based on the related areas under Civil Law of PRC, combined with the provisions of the Tort Liability Act, briefly discusses the rationality of the existence of supplementary liability of the security obligor.This paper is divided into four parts:Part Ⅰ, the theoretical basis of security obligations bearing supplement responsibility, specific to the basic theory of security obligations, the legal basis of security obligations, and the value of security obligations bearing supplement responsibility.Party Ⅱ, firstly discuss the system foundation of security obligations bearing supplement responsibility, followed by the nature of liability and the characteristics of security obligations bearing supplement responsibility, according to different domestic and foreign theories.Part Ⅲ,the identification of security obligations bearing supplement responsibility, the first is the main scope of security obligation, the second is the causality of security obligations bearing supplement responsibility, the final is the appliance of security obligations bearing supplement responsibility.Last part of this paper further explores the laws and regulations related to mechanism of supplementary liability, and the suggestions herein ranges from perfecting the related laws and rules and establishing modernized measures, so as to enhance the technical measures, establish a highly qualified team, improve the awareness of rights protection and law abiding and learn the foreign experiences as to the reasonable methods to deal with security obligations, therefore it could be in place to provide constructive advices for the harmonious, stable and healthy development for the majority of operators and consumers in China.