Studing The Supplymentary Infrigement Liability

Supplementary infringement liability is a major innovation in the field of tort law, it is designed to solve the problem that third party to intervene the security breach of the obligations omission infringement cases that the the issue of sharing the responsibility between third party and security obligors.In order to maximize balance the interest of the victims, security obligors and third person. But since the creation of supplementary infringement liability the controversy never stop on complementary responsibilities: First, the presence or absence of supplementary infringement liability perspective necessary divided into two factions; Secondly, under the premise of affirmative supplementary infringement liability, there are different perspectives on its concept, nature and scope. And " Trot Liability Law of the People’s Republic of China "( hereinafter referred to as " Tort Liability Law") responsible for the supplementary infringement liability recourse denial has triggered a new round of debate about the right of recourse; Finally, in the litigation practice, supplementary infringement liability proceedings building, the understand of “Corresponding supplementary liability”, such as the series of questions have yet to be clear.Based on these issues,I think that supplementary infringement liability is the research of civil law scholars, it is also a product of China’s judicial practice. It is different from the traditional joint liability and duty by shares, there is the necessity and rationality of its existence, both theoretical study and practical study are valuable. This paper premised on the legitimacy of the existence of supplementary infringement liability, typed analysis complementary liability of areas in tort law,and to explore the feasibility of expanding the supplementary infringement liability, further argues that supplementary liability issues related to the proceedings.This article is divided into three parts,including introduction, text and conclusion. The text is divided into four sections, specific ideas as follows:The first part: Sum up the historical process of development of supplementary infringement liability, focus on the controversy which triggered by supplementary infringement liability and point out supplementary infringement liability is the unique responsibility form of our country, which is indispensable. The reason why our country create the legal system is that it has theoretical basis and practical basis.The second part: It is reasonable and necessary,which provide a legal basis for the third party to intervene as an infringement cases do not for settlement. And it has institutional strengths compared with the joint and several liability,which can maximize balance interest among the parties.The third part: Analyzing controversial "supplementary responsibility" about existing " Tort Liability Act" provisions and judicial interpretations, putting forward generally applicable standard of supplementary infringement liability, whih is “as with all the force of a direct cause of the infringement +not fault as infringement”, and demonstrate the possibility of expanding scope of application of supplementary liability on this basis.The fourth part: To explore proceedings on supplementary infringement liability. The litigation of supplementary infringement liability is a kind of necessary joint action which have implicated relation between parties. When judging the scope of responsibility of the persons should be taken "fault and causative potency " standard.The people that undertake supplementary liability don’t have the right of recourse because the nature of supplementary liability.