Research On Supplementary Liability Of Safety-guard Obligors Under The Third Party's Tort

Article 37,paragraph 2 of the Tort Liability Law of PRC provides for the safety-guard obligors to assume supplementary liability.From the perspective of comparative law,the provision and the use of supplementary liability in the field of tort have certain novelty.In the academic circles and judicial practice,the application of the supplementary obligation of the safety-guard obligors and the applicable conditions still leave many problems and disputes,and leave us space for discussion.Only by further researching and proposing corresponding solutions to these problems can we achieve the balance among the interests of victims,safety-guard obligors and third parties while safeguarding the lawful rights and interests of victims,and achieve the balance between the legitimate rights,interests of victims and the freedom of conduct which is the legislative purpose of Tort Law.For this reason,I am based on legal hermeneutics to think and try to solve the above problems.The core view of this paper is that the safety-guard obligors bear the supplementary liability which is reasonable and legitimate.Under the circumstances that the negligent safety-guard obligors'non-acting combined with the intentional act of the third parties,the application of supplementary responsibility can balance the interests of the parties.Based on this,the explanatory path of the establishment of the supplementary responsibility of the safety-guard obligors should be constructed,and we should limitedly interpret the behavior of the safety-guard obligors and the third parties in Article 37,paragraph 2 of the Tort Liability Law.The first chapter of this paper analyzes and discusses the relevant theories of safety-guard obligations and supplementary liability,and combs and integrates the types of the combination of the tort between the safety-guard obligors and the third parties,and lays a theoretical foundation for the justification of the legitimacy of the supplementary liability of the safety-guard obligors and the interpretation path of the components of its responsibility.In the second chapter,starting from the current legislation and judicial practice,I summarizes the disputes that need to be solved urgently in this field:The first dispute is whether the establishment of the supplementary liability of the safety-guard obligors is justified,the second is what kind of explanation should be made for the establishment of the supplementary liability of the safety-guard obligors,and further analyzes the causes of these disputes.The third chapter is devoted to solving the first dispute,and through the comparative analysis of the allocation of responsibility for the related tort in comparative law,combined with the relevant legal basis,the legitimacy of the supplementary liability of the safety-guard obligors is clarified.The fourth chapter is devoted to solving the second dispute,clarifies the interpretation path of the components of the establishment of the supplementary liability of the person who constructs the security guarantee,and discusses the principle of imputation,the act of violating the obligation of safety and security,the result of the damage and the causation in the section of the constitutive elements.In the fifth chapter of this paper,from the perspective of the relevant regulations of liability apportionment,through the principle of limitation interpretation and the principle that is special law is superior to the general law,I achieves the coordination and unification of the relevant regulations on the apportionment of tort liability of several people in the field of Tort liability law.