Research On Security Obligor Liability Under Third Party Involvement

The responsibility of the safety protection obligor has always been a difficult problem in the judicial practice under the circumstances of the third party involvement.In theory,the traditional responsibility sharing theory is not enough to solve the need of solving the judicial practice problems.The second paragraph of the thirty-seventh tort liability law stipulates the composition of the supplementary obligation of the security protection obligor under the circumstances of Third People's intervention,but it is relatively crude in terms of expression.As a result,it is difficult to accurately apply in judicial practice.Therefore,we should further locate the scope of application of the legal norm and further clarify its applicable rules,which is conducive to the uniform application in judicial practice.Through legislation,judicial practice and typical cases,we analyze the relevant legislation,because in the application of law,because the law is vague,Because judges have different understandings in the application of articles of law and lead to different judgements of the same case,or the narrow scope of subjects listed in the articles of law,the subjects that should be protected are excluded from the scope of protection.The standard of accountability is not given,which leads to the excessive discretion of the judge.The supplementary liability of the security obligation is established in judicial practice,but there is still controversy in the academic circles,that is,whether supplementary liability can be regarded as an independent form of responsibility.And even question whether the responsibility form of supplementary liability should exist.When the third party is involved,the supplementary liability of the security protection obligor is not attached to the traditional tort liability,but a new type of responsibility undertaking,because the proposal of the responsibility form of supplementary liability can solve the problem of the responsibility of the security protection obligor in the third person's involvement.According to the principle of fairness,the interests of all parties can be balanced.The application of traditional forms of liability will lead to the heavy burden on the safety and security obligor.The supplementary liability has the characteristics of alignment and subordination.When the third party intervened in this special infringement case,the supplementary liability of the security protection obligor should meet the following constitutive requirements: the fault type should be based on the fault of the security protection obligor.The third party leads to the result of the damage;there is a certain causal relationship between the inaction of the security obligor and the result of the damage.Throughout the legislation of the continental law system andthe Anglo American law system,there are third or more joint and several liability for legal regulation.There is no such provision as the supplementary liability in our tort liability law.However,the scope of protection for foreign related issues is very extensive,and the right to recourse is supplemented by the obligations of the security guarantee obligor.These contents can be used for reference.It is suggested that the system of supplemental liability for the security protection obligor should be perfected in the case of third party involvement,and the scope of the subject of the supplementary liability should be expanded,and the criteria for ensuring the security obligations should be specified in detail.So as to provide a uniform standard for judicial practice,and make the rules of supplementary liability more clear,in order to better solve the problems in judicial practice.