Judicial Problems And Solutions Of Supplementary Liability Sequentiality In Tort Law

The sequentiality of the supplementary liability is still is a debatable question.The academic community has always disputed over "sequentiality of supplement" and"supplement of direct liability" and has been divided over sequentiality.In judicial trials,there are still contradictions among "against the sequentiality","agreeing with the sequentiality" and "ignoring the sequentiality".For this reason,on the basis of agreeing with the sequentiality,two legislative and judicial proposals that can resolve differences in trials are proposed.One is to define the characteristics of sequentiality in the legislative provisions related to supplementary liability,so as to better play the guiding role of legislaltion and make uniform judgments;the second is to regulate the juridical suitability of sequentiality.Specifically,the following four aspects should be taken into consideration:For the rights granted,because of the sequential nature of the supplementary liability,the General Guarantee can be referred to give the supplementary responsible person the right of discussion;At the prosecution phase,reasonable prosecution methods that can be taken by the obligee include:bringing an action separately against the directly responsible person and then the supplementary responsible person;Only bring an action against the supplementary responsible person in case of joint action against the directly responsible person and then the supplementary responsible person or other special cases;With regard to allocation of entity responsibilities,the court should pay attention to the sequence of assumed responsibility specially set forth in the legal documents,and highlight the first liability of the directly responsible person and the subordinate liability of the supplementary responsible person;At the implementation phase,it is necessary to not only strictly abide by the principle of sequence and exhaustion doctrine,but play the role of the unsafe right of defense in safeguarding the interests of supplementary responsible person.