On The Supplementary Liablilty In Tort Law

As a specialized law in the field of tort, the Tort Law establishes the supplementary liability system for the first time, which stipulates three application types of tort supplementary liability:the supplementary liability of the security assurance obligor, the supplementary liability of educational institutions and the supplementary liability of labor dispatch units. This has milestone significance for the development of supplementary liability. However, due to the formation of supplementary system is comparatively short, the theoretical basis is flimsy and there is no specific provisions on the concrete application rules in related laws, therefore the academic circle still has much doubt for this new form of liability "made in China". This paper conducts demonstration from three aspects including theory-building, judicial application and legislation improvement, in order to be able to construct a complete theoretical and regulatory application system for supplementary liability.This paper is divided into four parts. The first part is the introduction, which describes the process from idea prototype to legal establishment of the supplementary liability taking time as the axis, then draws the issues like there is theoretical knowledge deviation of supplementary liability, the laws and regulations are not clear and definite and so on, and analyzes the reasons of the issues. The second part constructs the theoretical foundation, clearly puts forward the concept and nature of tort supplementary liability and highlights the features and independent value of supplementary liability by using comparative research methods. The third part particularly expounds the specific factors like definition of person responsible and liability nature etc of the three statutory application circumstances, discusses several types of cases which have disputes on the application in practice and clarifies the application scope of supplementary liability in judicial practice. The fourth part points out the issues like the current legislative model is immature, the legal representation is fuzzy and the recourse rights are absent etc, and proposes some improvement suggestions about these issues.