Research On The Supplementary Responsibility Of The Security Assurance Obligor In The Case Of Third Party Intervention

The security obligation was first established in Roman and developed through the general security obligation of German law.Supreme People's Court promulgated in 2003,"on the trial of personal injury compensation cases applicable to the interpretation of a number of issues," the first time the security obligations of the supplementary responsibility.The Tort Liability Act,which was implemented in 2010,summarizes the previous legislative and judicial practice experience,first establishes the security obligations into the law,and clearly stipulates that the security guarantor is responsible for the "corresponding" supplementary responsibility.The key question to be solved in this paper is how to perfect the relevant legal system of the supplementary responsibility of the security guarantor in the case of the third intervention,so as to construct a comprehensive protection system for the security guarantor.Therefore,the third party of this paper intends to participate in the case of security obligations to supplement the basic theory of liability,legislative and judicial practice of the status quo and problems,foreign experience and improve the relevant legislative proposals for the overall thinking.Although the tort liability law fully affirms and absorbs the spirit of the judicial interpretation of personal injury compensation,the content embodied in the legal provisions is simple and crude,and the concept and application of the supplementary responsibility system are not detailed.The theoretical circles of such a system-related content did not reach a unified consensus,so that the practice of judicial practice is poor.How to solve the problems existing in legislation and judicial practice,this paper first summarizes the basic theory of the supplementary responsibility of the security guarantor in the case of the third person intervention,and analyzes the constituent elements.Second,mainly through the existing legal provisions that the third intervention in China under the circumstances of the security obligations of the supplementary responsibility of the legislation,the status of judicial practice and the existence of security obligations of the supplementary liability of the scope of application is too narrow,security obligations to determine the standard Not clear,"the corresponding" supplementary responsibility and the ambiguity of the security obligations of the system of claims arising from disputes and other issues.Finally,this article draws lessons from the experience of the legislation of the guarantor of the security guarantor in the case of the third party intervention,and puts forward some suggestions on how to improve the legislation of the guarantor of the security guarantor in the case of the third party's intervention in China.To expand the scope of application of the supplementary liability of the security and security obligations,to clarify the criteria for judging the breach of the security obligations from the statutory and rational standards,to clarify the legislative proposals such as the right of recourse and the exercise of the right of recourse,To solve the "corresponding" supplementary responsibility in the relevant controversial issues,with a view to better improve the relevant legal system.