Supplementary Liability Study In Tort Liability

In the traditional theory of civil law,commonly,the general responsibility is divi-ded into proportional liability,joint and several liability.However,in recent years,in practice some of the operators and managers in public places failed to fulfill security a-ssurance obligation and caused some damage occured.When the direct infringement of people and the security assurance obligations of the administrator has fault at the sa-me time and they do not have any meaning between the contact,it can not apply the traditional proportional liability and joint and several liability for compensation.The occasional combination of two separate acts for the inadvertent connection causes the practice of the same damage that there occured a supplementary liability system,And in 2009,the "Tort Liability Act" officially confirmedl this system down in the form of legal.The application of the supplementary responsibility to the tort liability is the original of our legislation and judicial interpretation,which can be said to be a new attempt in legislation.The establishment of the supplementary liability for tort has solved the ultimate responsibility-sharing dilemma in most people's infringement,and has made up for the deficiency of proportional liability,joint and several liability.But a new system at the beginning of the establishment,often is not perfect,need to go th-rough the parties in theory and practice with its research and improvement.This paper is mainly divided into four parts.The first part is mainly introduces the concept definition,the historical evolution and theoretical reason of the supplementary responsibility in the tort liability.Taking the change of the security obligation as a starting point in the legal system.As the historical development of the supplementary responsibility in the tort liability,In terms of theoretical reason,by summarizing the relevant theories of the supplementary responsibility,the purpose is to lay the theoretical foundation for the study of supplementary liability in tort liability.Through this part of the study,finally we have a clear understanding of the development and theory of tort theories supplementary liability.The second part is mainly the constitution and legal effect of the supplementary responsibility in tort liability.Through the introduction of these basic questions ofsupplementary responsibility,there will be a comprehensive understan-ding of the supplementary responsibility,which will provide a theoretical basis for the following issues discussed in the use of supplementary liability in tort liability.The third part is the existing problems of suppleentary liability in the legislative and judicial practice.The Tort Liability Act clearly sets out three types of supplement-ary liability,but for the three kinds of situations in practice how to use the law did not make specific provisions in detail.At the same time in the theoretical and practical practice,whether some practical problems can also apply to the supplementary respo-nsibility to adjust the dispute is also controversial.This section explores the above is-sues and draw the relevant conclusions,it will Improve the proposal for the fourth pa-rt.The study of this part,finally make clear to the problems existing in the comb,and made corresponding solutions.The fourth part is the perfect proposal of the supplementary responsibility in the tort liability.This part mainly deals with the problems raised in the third part and gives the corresponding suggestions.Including the application scope of the supplementary liability,the operability of "corresponding supplementary responsibility",and clearly stipulates the scope of the subrogation and its scope.To make recommendations on the perfection of the supplementary responsibility in China's tort liability,with a view to the development of our supplementary responsibility system.