The Research On The Action Types Of Supplementary Liability For Tort

Supplementary liability for tort is different from the traditional joint liability,shared liability and unreal joint liability,is a new form of civil liability.Because of its flexible and reasonable sharing characteristics,these characteristics feature validation from substantive law scholars.The action types of tort supplementary liability is a theoretical frontier problem that has been innovated with the continuous updating of the theory of tort liability and the theory of litigation.As a result of our country’s current legal provisions on the action types of supplementary liability is simple and crude,lack of systematic and meticulous research,different standards to the action types of supplement liability for tort also led the judicial practice operation in chaos.This topic is the cross field of civil substantive law and civil procedure law.Helping to understand the nature of supplementary liability through discussing the purpose of setting the supplementary liability and the substantivecharacteristics of supplementary liability for tort.At the same time,the article discusses this problem combines the theory of subject matter of litigation,joinder of action and the action types.This paper is divided into forth parts,a brief introduction is as follows:The first part starts with the two cases in judicial practice,leads to the fact that there is a contradiction with the law and the reality because of the roughness of the law of action types of supplementary liability for tort,and through summarizing the controversy about the action types of supplementary liability demonstrate the necessity of this study.The second part discusses the influence factors of action types of tort supplementary liability.With the characteristics of its implicated in subject matter of litigation,it can not adapt to the division of “the same subject matter of litigation ",it will also affect the choice of the action types.In addition,because of the purpose of the establishment of the "complementary balance" and the characteristics of the unique substantive rights make it to be more specific than the traditional way of liability.At the same time,based on the characteristics of the tort supplementary liability,the choice of action types can not only consider the efficiency and economy of the lawsuit,but also measure the value of the principle of fairness.The third part,combined with the influence factors of the action types of supplementary liability,writes and evaluates all the different views of action types of tort supplementary liability.It seems that whether recognize the standard of subject matter of litigation or only one entity rights characteristics can not receive the purpose of setting the supplementary liability,and may feature a part of substantive characteristics of supplementary liability for tort.Looking forward the idea that the action types of the tort liability should be classified according to the choice of the holders of compensation rights.The forth part: because the two responsible persons of the tort liability are at different levels of responsibility,take the subject matter of litigation as recognition standard does not apply to the tort supplementary liability.From the external effect of tort supplementary liability,the purpose of the establishment and respect for the parties involved in the right to consider,to choose the choice of the holders of compensation rights as standard is feasible.Therefore,taking this as the division standard,divided into three kinds: one is only sue directly responsible person as defendant,one is only to sue the supplementary responsible person,and the other is to sue both two responsible persons.In order to face all possible conditions in the process of litigation,establishing the three-dimensional program solving mechanism.