The Educational Institution Supplementary Liability Research

Supplementary liability is an new institution of tort in our country, The tort act(2010) established the supplementary liability for the first time. Education institutionsis one of the applicable conditions of the supplement liability, which include ifsomeone infringement the person with no legal capacity and limited capacity safety, buthe is unable to compensate all loss,then education institutions must undertakesupplementary liability without doing their duties. The legislation complied the need ofsocial contradictions. Since2010, the campus massacre and tragedy occurred rapidly,even become more and more serious. For example,"NanPing massacre","TaiXingmassacre", they make all of us get a shock. Because of life and emotional stress,Criminal choice to hurt children who can’t tebet at all. Each victim, means we lose ayoung life. Each crime means we must think about human nature, and whether theeducation environment security is very well, the most important is we must think aboutour penal system and civil compensation system. In this case, education institutionscomplement responsibility research is necessary. Because it is a new type of civilliability, the theory of development is immaturity, ambiguity of law also makes thejudicial case difference.This paper researches on the basic theory and applicable of supplementaryresponsibility. As a kind of complementary liability, Education institutionssupplementary can remedy the victim’s loss effectively. In our country, most of the civilliability are compensatory, the punishment liability only reflect on the legislation ofcivil liability in article40of the consumer protection law. Education institutionscomplement responsibility conforms the trend of the civil liability legislation and thelegislative background. Education institution supplement responsibility research caninclude basic theory, how to apply,and what’s the problem in the apply.Currently,Education institutions compensatory responsibility’s definition, characteristics, legalbasis, outside related system comparison research is the main content of theoreticaldisputes. Education institutions components of supplementary liability is related to theapplicable in the specific case, the judge should correctly understand and grasp. In viewof the present situation of application, establish legal rules of the sequence, apply theprinciple of strict liability and clear responsibility division standard, abolish the right ofrecourse, expand the main protection people,which five measures can solve theeducation institutions complement responsibility identification difficulty is high, theresponsibility is not clear, can’t really realize the compensation function of practicalproblems.