The Supplementary Liability Of Security Obligator

The tort law of our country stipulates clearly that security obligator should bear the supplementary liability if he/she breaches duty of security obligations when the third party infringes the rights of others.Since the establishment of the supplementary liability of security obligator,it has been controversial.For example: Why do the safe-guard obligator should undertake complementary responsibility,the scope of supplementary liability of security obligator and whether the security obligator has a right of recovery.This paper mainly is studied from the four aspects.The main contents are as follows:The first part is mainly to investigate the responsibility allocation between the security obligator and the third party in extraterritorial practice.And through the investigation,the author found that the security obligator and the third party shall bear joint liability or not real joint liability in extraterritorial practice and supplementary liability is a special liability form in China.This part proves that the supplementary liability is more in line with Chinese situation and legal system by comparing and analyzing the advantages and disadvantages of supplementary liability,joint liability and not real joint liability.The second section briefly describe the difference between supplementary liability of security obligator and other supplementary liability.First,this section analyze the characteristics of supplementary liability.Second,this section focuses on the difference between supplementary liability of security obligator,supplementary liability of education establishment and supplementary liability of labor dispatching unit.The third part is mainly to discuss the components of supplementary liability of security obligator.The author thinks that the constitutive elements of the supplementary liability of the security obligator includes the direct infringement of third party,the damage of the legal interest,the violation of performance obligation,the causal link between the violation of performance obligation and damage,the fault of the security obligator and the damage of the legal interest.The fourth part fully analyzes responsibility assumption of the supplementary liability of security obligator.This part is divided into two main points to discuss.First,the paper holds that the scope of supplementary liability of the security is determined by the fault of the security obligator,the causal force of action,financial status of security obligator and risk shifting ability of security obligator.Second,this paper considers that the security obligator has a right of recovery after assuming supplementary liability.In a word,the article holds that the supplementary liability of the security obligator is more reasonable.On the one hand,it not only compensates the victims,but also balances the interests of the victims and security obligator.On the other hand,the infringer is punished also.