Research On The Application Of Law Of Supplementary Liability For Infringement

Today the complicated interaction of human society,the new emerging civil disputes,disputes with the old system the new regulation,the parties will seem somewhat unfair unreasonable.In the real life,the phenomenon of responsibility and cooperation is endless,if the single traditional responsibility to deal with the way to resolve the contradictions between the main dispute,the treatment of different subjects is equally unreasonable.Therefore,in order to reconcile this unreasonable,in addition to the old system,there has been a supplementary tort liability system.Supplementary tort liability system is a sub-type of supplementary liability regime,the "Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury" and "Tort Liability Law of the People's Republic of China" to make all of its relevant provisions,is a new burden-sharing system.There is a big difference between supplementary tort liability system and the compensation system of most other people,the supplementary tort liability system is a major innovation in the field of tort liability law,it is effective to solution the problems of real life presented to the traditional theory and law.The supplementary tort liability system has its own legal value,the scope of application and the corresponding applicable rules,to make up for the lack of the old system,andit has important significance to resolve the contradiction between the parties.However,the relevant provisions of the system is not perfect,the existing legislative provisions also lag behind the judicial practice,resulting in judicial application of confusion,as a new system of responsibility there are many places need further improvement.From the current legislation and judicial practice point of view,to explore the main problems of the system,discussed on the aspects of confusion,such as the scope of responsibility and the right of recourse of its existence,the views put forward to improve the system so that the relevant value given full play.This paper is divided into four parts,the first part of the system in the analysis of the main problems.From the current legislation of our country,introducing the law of the supplementary tort liability.This article statistics from 2014 to 2016 part of the case,and from the case can explore the existence of the system deficiencies and confusion.The second part of the study related to the extraterritorial provisions of thesupplementary tort liability system.There is no provisions on the system of supplementary tort liability,introduced the civil law system and the Anglo-American legal system similar to the system,most of the joint and several liability,not really responsible for the responsibility of the way to deal with.The more mature mechanism in the field provides a certain solution for the perfection of the supplementary tort liability system.The third part introduces the different views of the academic circles on the supplementary tort liability system.Scholars' attitudes towards the system of tort liability are broadly divided into three categories: advocacy,objection and improvement.Regardless of which point of view is worth learning from,the supplementary tort liability system in the legislation to be sure,therefore we should tend to explain the application of the system research,rather than itself of the supplementary tort liability system.The last part is the perfect complement tort liability system in China.There is confusion on the application of the system proposed in this paper,the corresponding explanations and perfect views.It is clear that the supplementary tort liability system has its own unique scope of application,the scope of responsibility,the recognition of the right of recourse to the responsible person,and the relevant perfect opinion makes the system more practical value.