Supplementary Responsibility Of Safety-guard Duty

The supplementary responsibility of China's security assurance obligors stems from the provisions of Article 37,paragraph 2 of the Tort Liability Law.In the civil law system and the Anglo-American legal system,it stipulates that the tort liability of the security guarantee obligor is not truly joint liability.However,the tort law of our country has set a new path to supplement it.The value considerations and the measurement of benefits behind its legislation are worth considering.Article 37,paragraph 2,of the Tort Liability Law provides for the subject of liability for supplementary liability,the determination of fault,the scope of responsibility of the responsible party,and the order of responsibility of the responsible party and the third party.However,because the legislative expression is more concise,in the application of the law,people have different understandings of the meaning of the provisions.Therefore,the state needs to make a reasonable legal interpretation of the meaning of the law,and unify the standards of the referee to achieve case justice.The main part of the article is divided into the outline of the security guarantee obligation,the independence of the supplementary responsibility of the security guarantee obligor,and the legal application of the supplementary responsibility of the security guarantee obligor.The first two chapters mainly demonstrate the theoretical issues of the security guarantee obligation and its supplementary responsibility.The third chapter focus on the specific legal application of the supplementary liability under the security guarantee obligation.The first chapter is an overview chapter.The chapter begins with a brief introduction of how the security obligation is a legal obligation established in our country's law and what the theoretical basis for establishing a security obligation is.It explains the reasons for not requiring a specific subject to assume the duty of care that a general civil subject does not have on a particular occasion,without a contractual agreement.Finally,it compares the difference between China's security obligation and foreign law countriesThe second chapter is the key chapter of this article.Focuses on supplementary responsibility analysis and comparison with other forms of tort liability,thus learning supplementary liability and joint liability,not the real joint liability,according to a liability in order,the final responsibility,right of recourse against the aspects such as different,thus demonstrates supplement responsibility has unique characteristics,shape is not the same with other tort liability,and the research,analysis and summary of these different,makes a further the establishment of the independence of the supplement responsibility.The third chapter is also the key content of this paper.Firstly,Focus on the constituent elements of supplementary liability.In terms of the subject,it is required that the managers of public places or the organizers of large-scale social activities should be responsible.In terms of fault,it is the failure to fulfill the security obligation.The scope of the "corresponding supplementary liability" of the security obligor has two meanings.One is the supplementary responsibility,that is,the safety guarantee obligor bears the second order of liability,and the other is part of the liability rather than the full liability.Defining the scope of the corresponding liability requires comprehensive fault,the economic situation of the parties,and the ability of the security obligor to transfer the risk to comprehensively judge the scope of the responsibility of the supplementary responsible party.In addition the causation should not cause as a consideration,because for the supplement responsibility,cannot be concluded after analysis the cause of damage occurred.In terms of the right of recourse,according to the legal reasoning conclusion based on the theory of interpretation and the recent legislative trend of civil code,the supplementary liableparty should have the right of recourse against the third party of intentional infringement after taking the responsibility,and the supplementary liable party should have the right of recourse in full.