Rethinking Of Chinses Supple Mentary Responsibility System

As a legislation innovation in our country, supplementary responsibility is an original form of responsibility. With the Tort Liability Law promulgated in 2009, the tort supplementary liability system established formally which mainly aims at settling the issues of responsibility when the third direct infringement happens and the security obligor violates the security responsibility. But there are some dispute and problems after the system established. In this pap er, the issue of how the supplementary liability person bears responsibility when the third is the direct infringement is discussed. Based on the understanding of traditional supplemental liability and practice, this paper will analyze the contradiction and problems, establish new understanding and definition on supplemental liability and explore properties and value of supplemental liability to perfect the system.There are four parts in this paper.Firstly, the introduction and problems of supplemental liability are discussed with some cases which show that there are different judgments in practice.The second part points out the reason why the same case has different judgments and summarizes different points and arguments of scholars on conceptions, properties, elements and application of traditional supplemental liability. The fuzzy legislation and arguments in theorists are the reason why it is difficult to unite judicial practice.In part three, a new definition of conception which is different from traditional points is established and then explore the properties and value of supplemental liability. It also has the abilities to protect the weak, maintain social stability and balance benefit in many ways. It has value on both theory and society.Finally, design of this system is discussed. New elements of supplemental liability which are different from traditional three elements or four elements are defined and specific application is also defined which means that supplemental liability should have the right to pick the responsibility for compensation, complementary in limited range and recourse of the supplementary liability person after paid compensation.