Research Of Supplementary Liability In Education Institutions

In 2010,<Tort Liability Law> has clearly confirmed supplementary liability in law.It set the rules for supplementary liability under different situations as dispatched firm,managers of public places or organizers of mass activities,kindergartens,schools and other educational organizations.This thesis aims at third-person infringement cases frequently appeared in 2010 in schools,specifically researching the tortious supplementary liability in educational organizations.In recent years,much theoretical progress of supplementary liability have been achieved in academia.But disputes about certain basic questions as concept and nomological bases still exist,which to a certain extent effects the judgment in judicial practice,leads supplementary liability to be imperfectly effective.Therefore,we need to do researches about the theoretical bases of tortious supplementary liability in educational organizations and the application of it in judicial practice.This thesis firstly introduces the definition and legislation of supplementary liability in educational organizations,and then elaborates the nomological bases,compositions and responsibilities of educational organizations,and analyzes the application in judicial practice on the bases of above,proposes the advice for perfecting tortious supplementary liability in educational organizations.This thesis is divided into four parts:Part one is mainly about the concept and legislation of supplementary liability in educational organizations.Firstly,it confirms the concept of supplementary liability in educational organizations.Secondly,it clarifies the relationships between supplementary liability and proportionate liability,joint liability,the unreal joint liability,indemnification obligation.Thirdly,it combs relative legislation of supplementary liability in educational organizations.Part two is mainly about nomological bases and pursuing value of tortious supplementary liability in educational organizations.About nomological bases,it mainly analyzes the contractual relation theory,custodial relationship theory,education protection and management theory.About pursuing value,it breaks the systematical constrictions of civil liability,shows the fairness doctrine of civil law,harmonizes the society.Part three is mainly about compositions and responsibilities undertaking of supplementary liability in educational organizations.Compositions is consist of three parts:Subject under management of educational organizations is harmed by the third person,educational organizations' fault-------haven't fulfilled its duty of management,unfulfilled duty has causal relationship with the harm.Part four explains some existing problems of tortious supplementary liability in educational organizations with practical cases.Then,with comprehensive consideration of cases and aiming at specified problems,this thesis spreads out discussions and proposes purposeful,practicable advice.It offers valuable thoughts about solving relative problems of tortious supplementary liability in educational organizations in the future.