Research Of Legal Issues Onthe Supplementary Liabilityin Tort Law

There are many points of view about the nature of the liability for tort supplement, the enaction of tort liability act makes the supplementary liability for tort became an independent joint liability system, providing a legal basis for court when disposing this kind of cases.. However, only a few legal provisions of the law, does not completely cover all the types of torts,and the fostered dispute could not be effectively solved. To work out the dispute and achieve unification, we should focus on the object of dispute when doing the research.Below is the construction of this paper:The first part of the article introduces the basic situation of the supplementary liability for tort, including its formation, defination, and nature. Due to some scholars regard it asuntrue joint-liability,then a detailed comparison of the similarities and differences between the supplementary liability for tort and the unreal joint-liability. The last part is the characteristic of supplementary liability for tort and its constitutive requirements.The second part of the article, the supplement responsibility behavior types are analyzed, including two parts, the first part is a brief introduction of in tort liability law of PRC torts supplementary liability types, including the security obligation of supplementary liability, education institutions supplement responsibility, labor dispatching units of supplementary liability. The second part is to rethink the types of the supplemantary responsibility for tort, this part can be divided into two levels still.On the first level is the types which is stipulated in the act, but the author thinks that does not belong to the type of supplementary liability for tort.On the second level, I expound several types which belongs to the supplimentary liability for tort but has not yet been stipulated in the act.The third part, first of all, I discussetort supplement responsibility, the responsibility of the person in charge of supplement combining with practice case verdict the range of compensation related factors influencing the subjects; Later, from the perspectives of jurisprudence, argument infringement subjects shall enjoy the right of the compensation of those directly responsible.The fourth part, I make a summary of the questions above, then I put forward my own advice about the behavior types system, such as to increasing several belongs to type an infringement of supplementary liability. Secondly, in terms of the subjects of the compensation scope and right of recourse I also make personal suggestionsin order to perfect the system of supplementary liability for tortin the future.