On The Procedure Of Supplementary Liability For Tort

Tort supplementary liability is an important responsibility of the tort liability law established in China to form,designed to balance the individual responsibility and social responsibility,make up for the defects of the other responsibility way for specific types of tort liability disputes solution plays an important role.Tort in our country,however,the operation of the supplementary liability still has many problems,the substantive law and procedural law regulation is not clear,the academic circles have different understanding of tort compensatory liability problems,tort compensatory liability litigation practice standard not unified.Therefore,it is necessary to comb the existing problems of the tort supplementary liability lawsuit in China,and put forward the concrete suggestions.It is divided into four parts,except for introduction and conclusion.The first part,the meaning and scope of tort supplementary liability.This part analyzes the meaning of "corresponding" and "supplement" in the word "supplementary liability",and defines the scope of the supplementary liability system,which is the basis of this paper.The second part,the present situation and problems of tort supplementary liability lawsuit.This part analyzes typical cases from the aspects of prosecution,trial and judgment,and points out that there are some problems in practice,such as disorderly prosecution order,inconsistent litigation form and unclear liability.The third part,the comparative study of tort liability system.Mainly introduced the German method,the majority of people on the joint and several debt levels or sequence theory,the method of intentional tort prevention duty system,the sequence of the Swiss law responsibility system,it is concluded that infringement supplement responsibility lawsuit should respect the sequence characteristics of liability and the ownership common joint action has reference significance to our country.The fourth part,the improvement of tort liability litigation procedure.It propose six improvement Suggestions: substantive law further refine that connotation of supplementary liability,and the procedural law increases the stipulation of supplementary litigation;The infringed party may simultaneously prosecute the person directly responsible and the person who is supplementary liable,the person who is directly responsible may be prosecuted separately,or the person who is supplementary liable under special circumstances.The action of tort supplementary liability belongs to the litigation form of common joint action.It should be clearly stated in the judgment that "if the direct liable person fails to perform,the supplementary liable person shall perform";The property of the person directly responsible shall be executed first,and the property within the scope of the liability of the person who is directly responsible shall be executed when the person directly responsible cannot perform;In judicial practice,the supreme people's court should strengthen its guidance,implement the principle of common evidence,and standardize the right of clarification.