The Study On The Supplementary Liability Of Security Obligator

Complementary liability in "Tort Law of the People’s Republic of China" is one of theresponsibility type with Chinese characteristics,but there has been much controversy abouttort supplementary liability.Supplementary liability is different from the individualresponsibility and a joint liability.Supplementary liability have a lot of similarities with unrealjoint and several liabilities,but there is a big difference between the responsibility andeffect.Therefore, we need to define supplementary liability,find out what the legal theoreticalfoundation of the supplementary is and how to be responsible for Supplementary liability.Inaddition,if he can recovery from the infringer is also worth discussing.This article mainly are studied from the three aspects.The main contents are as follows:The first section briefly describes the nature and type of Supplementary liability.Itmainly discusses differences between the supplement responsibility and individualresponsibility and mutual responsibility.Which analyses the differences between thesupplement responsibility and unreal joint-liability.In this part, the author thought,theSupplementary liability has its own characteristics,and it is should be a kind of risk liability innature.The second part is mainly to investigate constitution important document of the safetyguarantee obligation of supplementary liability.The components of the tort liability are madeup by the harm behavior and damage result, causality and fault.It is important to notethat,first of all,it can’t make the safety guarantee obligation in the face of the victimdirectly;secondly,as long as negative act increases the possibility of damages can meet theconditions.In addition,for the interests of the security obligation,mental injury should not bepaid for.The third part is mainly to discuss the scope of the security compensatory responsibilityand how to recover from the obligor.The scope of the security obligation responsibility shallbe on the basis of their degree of fault.On the one hand,it can relief the victims,on the otherhand,it can also reduce the burden of responsibility.In a word,Supplementary liability is a great innovation of tort law in our country.It notonly compensate the victims,but also balance the interests of the victims and thoseresponsible.The more important thing is that the infringer is punished also.