Study On The Procedure Of Supplementary Responsibility In Tort Law

The supplementary liability in tort law means that the infringee can request the supplementary responsible person to assume the supplementary liability for the uncompensated part when the direct responsible person has no property or property to pay off the entire debt.The requirements of “complementary” and “sequential” in substantive law make the supplementary responsibility widely recognized,because they have the flexibility that other forms of shared responsibility do not have.The “relevant supplementary responsibility” refers to the size of the fault of the supplementary responsible person.The proportion,and affirmatively,gives the supplementary responsible person the right to defend his own right by first appealing the right of defense.In the procedural law,there is some dilemma in the application of specific procedures for infringement supplementary liability.The substantive law norms and procedural law norms do not specify the procedures for the infringement supplementary liability,which leads to the supplementary responsibility of the judicial practice being divided or collateralized.Under the background of the separation and reform,the reasonable arbitrage of the procedural law is an effective way to solve the problem.Therefore,it is first necessary to clarify the litigation form of the supplementary liability of infringement,determine the rights and obligations of the parties,and then It is to improve the executive procedural rules of the supplementary liability judgment to achieve the "sequential" entity requirements.The text of this article is more than 30,000 words and is divided into five parts:The first part is the three dispute points in the substantive law of infringement supplementary liability.In the content of the substantive law,the independent status of the infringement supplementary liability in the substantive law is clarified,and the“corresponding supplementary responsibility” is defined as adapting to the fault of the supplementary responsible person,and then the supplementary responsible person is explicitly given the right to appeal.Clarify the points of dispute in the substantive law and lay the foundation for the content of the procedural law.The second part is the analysis of the dilemma and causes of the infringement supplementary liability litigation.Through the analysis of the cases in practice,it is found that there are procedural dilemmas in the process of application of infringement supplementaryliability,such as chaotic order of prosecution,different forms of litigation and ambiguous conditions of responsibility.Then further analyze the causes of the dilemma and discover the essence of the problem through the phenomenon.The third part is the target and idea of the dilemma of the infringement supplementary liability procedure.Due to the lack of uniform operational rules in the procedural law,the expected legislative objectives of infringement supplemental liability cannot be achieved.Therefore,it is necessary to conceive the procedural dilemma of infringement supplementary liability under the guidance of safeguarding the rights of the parties,guaranteeing the rights of the parties and the efficiency of dispute resolution.Under the background of the separation and reform of the trial,the procedural law content of the infringement supplementary liability should be divided,the litigation form of the infringement supplementary liability should be clarified,and the execution procedure rules of the infringement supplementary liability judgment content should be improved to achieve "sequence" and " Supplementary requirements.The fourth part is the realistic choice of the form of infringement supplementary liability litigation.It is clear that joint litigation and unilateral litigation can be applied to supplementary liability.The infringement supplementary liability lawsuit initiated in the form of a joint litigation is different from the subject matter of the litigation.However,the basic facts of the case are implicated,and it is necessary to apply the necessary common litigation rules to the case in the same litigation procedure.Therefore,the litigation necessary for the joint litigation is adopted.form..When applying the necessary joint litigation form,the party shall fully respect the disciplinary power of the parties,and shall not restrict the plaintiff from choosing the object of prosecution,and the court shall respond according to the choice of the parties.However,considering the protection of the rights and interests of the parties and the litigation economy,after entering the litigation system,the court should explain and ask whether it is a co-defendant who has not been prosecuted,and try to direct the litigation to the form of joint litigation.And in the main body of the judgment,clearly state the fulfillmentconditions of the supplementary responsibility and determine the upper limit of the share of the fulfillment of the responsible person,and form a conditional execution basis.The fifth part is the perfection of the procedure for the realization of the infringement supplementary liability judgment.The implementation of the principle of order and the principle of exhaustion of execution should be adhered to during the implementation process.Fully grant the right to dissent the person responsible for the reconciliation,and protect the interests of the person responsible for the supplement.When the directly responsible person does not have property available for execution or cannot fully assume the liability for compensation,the method for opening the supplementary responsibility enforcement procedure is distinguished according to the different settlement methods performed by the directly responsible person,so as to terminate the execution of the execution method,The infringee submits a written application to the enforcement court;if the case is closed by the execution method,it indicates that the directly responsible person has no possibility of fulfilling,and the party needs to apply for the execution of the responsible person or the court to execute it directly according to the actual situation.Regarding the issue of supplementing the right of responsibility of the responsible person,in theory,it does not give it the right to recover,but the supplementary responsible person bears more than the share that it should bear.The enforcement court can grant the supplementary responsible person the right to recover from the direct responsible person by issuing the form of the creditor's certificate.