Study On The Added Responsibility Of Tort

The infringement supplementary liability is an original legal system in the field of infringement liability.However, It appears so far, and controversial, Some issues about the nature of additional tort liability, the type,the usages has not been unified understanding in the academic circus, but in reality the growing cases of infringement of relevant legislation and judicial practice has to face this problem Based on this background, the thesis is carding infringement supplementary liability system in China, and learn lessons from foreign experience, to supplement relevant infringement responsibility of controversial issues were discussed This article is divided into six parts:The first part is the introduction According to the brief introduction of the galaxy hotel case and May flower restaurant typical cases involving the infringement supplementary liability, the paper leads to the problems faced by tort supplementary liability system in China, for added below for infringement responsibility theory analysis to lay the foundation.The second part discusses the origin and current situation of the infringement supplementary liability. Firstly, From the perspective of the comparative law, the thesis introduces the infringement supplementary liability, mainly including the Anglo-American law system and continental law system, and represented by the typical state of the system, introduced two important legal systems related systems; Secondly, the thesis introduces the origin and development of Chinese the infringement supplementary liability; Followed by analysis of the infringement supplementary liability development present situation, and summarizes the existing problems from the reality.The third part discusses the definition of the infringement supplementary liability. Mainly the thesis is carding the dispute of the different definitions and nature of the infringement supplementary liability in academic circles, and analyze the IV rationality of the various views and deficiency, then it makes the viewpoint of this article. In addition to make the comparison between the infringement supplementary liability and other related liability(mainly with no real joint liability, tort joint liability, tort according to responsibility, vicarious liability and compensation liability), to avoid the confusion between each other, in order to have more clear understanding in the infringement supplementary liability., and make more clearly defined in our country’s infringement liability scope typeThe fourth part of the analysis of elements and the effect of supplementary infringement liability.Liability for tort has been formed through said in the academic circles, so it is mainly introduced of them, and one of the keywords explained. Several problems and to explore the effect of supplementary infringement liability is concentrated in the controversy, is to supplement, appropriate and the understanding of the right of recourse problems. The author thinks that "supplement" into CIS two aspects supplement and substantive position on "; the corresponding" should be the degree and the supplementary liability of fault adaptation. Recovery right of the added responsibility is an issue in academic circles the biggest differences, in the analysis of the "tort liability act" and the relevant provisions of the judicial interpretation, the author thinks that the added responsibility does not exist right of recourse in take "after the corresponding supplementary liability".The scope of application of the fifth part of the discussion of supplementary infringement liability. The first part of the supplementary infringement liability of the typical model case specific analysis,including the management of public places, organizers of mass activities, the labor dispatch unit,kindergarten school education institutions shall bear supplementary liability in tort cases. Typical cases followed for other easily and bear the supplementary infringement liability situation confused the exclusion analysis of supplementary infringement liability, in order to have a more profound understanding of.Finally, through the above summary,on the basis of the basis of the above supplement tentatively proposes tort liability legislation suggestions.