On The Supplementary Liability Of Tort

In the field of traditional majority infringement,the application of share responsibility and joint liability is very mature.With the development of society and economy,the complexity of most people's infringement cases has also increased,and the form of supplementary tort liability has emerged as the times require.At present,China's Tort Liability Law has established supplementary responsibilities for security guarantee obligors and supplementary responsibilities for educational institutions.As a new type of tort liability with Chinese characteristics,it has been controversial since it was not legally established.Not only is there a dispute over whether it should be applied in tort law,but also its specific institutional rules,and it is also facing many difficulties in the application of judicial practice.This article will analyze the relationship between Articles 8-12,37(2),and 40 of the Tort Liability Law and the necessity of its application.Discuss similar systems in comparative law,highlight the advantages of tort supplementary liability in China's judicial practice,and then study and discuss its constituent elements and specific rules for liability,to clarify the application of specific infringement supplementary liability in judicial practice and the important role it plays in solving complex infringement cases of majority.The first part analyzes the law of supplementary liability in the Tort Liability Law,and attempts to clarify the content of the supplementary tort liability in light of different scholars' discussions on the content of the supplementary tort liability.After clarifying its connotation,three main characteristics of supplementary tort liability are analyzed:the occurrence of supplementary liability must be based on the third party's direct infringement of the infringed person;supplementary liability can only occur if the security guarantee obligor or the education management agency violates the corresponding act obligation;the order of responsibility is assumed.The second part mainly analyzes the relationship between supplementary liability,joint and several liability,and liability according to specific laws,and explains the necessity of tort supplementary liability in tort law with judicial cases.Then it compares and analyzes the systems similar to supplementary responsibility in British and American law,German law,Japanese law,and Swiss law.Combined with the currentsituation of our society,it highlights that the supplementary tort liability embodies the fair principle of civil law,realizes the advantages of limiting the expansion of tort liability and the balance of the interests of the parties,is in line with China's judicial status,and is conducive to the function of law to promote social harmony and stability and the advantages of this method reasonably limit the right of claim of compensation holders and save the advantages of litigation costs.The third part mainly explores the different doctrines of the constituent elements of tort liability,and believes that the constituent elements of supplementary tort liability in China should include: the illegal acts of the direct infringer and the supplementary responsible person,the facts of the damage suffered by the infringed person,the illegal acts and Damage causality and fault between facts.And fully explored and proved the obligor's inaction in the whole case,the damage suffered by the infringer,whether the former is the cause of the latter and how to determine it,the obligor's subjective state when performing the omission and how to determine the problem.The fourth part mainly discusses the scope of liability and the right of recovery of the supplementary responsible person.In determining how much supplementary responsibility is assumed by the person responsible for supplementary supplementation,the mixed perspective of supplementary responsibility should be applied.In addition to the need to consider the extent of the fault and the force of the person responsible for the supplement,the economic status of the person to be infringed,the economic status of the person responsible for the supplement,and the ability to transfer risk shall be considered.To try to achieve the balance of interests between the infringed,the direct infringer and the supplementary responsible person,and maintain social harmony and stability.Finally,the full text is summarized,and it is considered that the scope of the tort supplementary liability is currently narrow.In order to avoid other types of tort liability being mistakenly considered that tort supplementary liability should be applied,on the basis of summarizing legislative experience,doctrine and judicial practice,it may be considered to add a system to apply supplementary liability forms in future legal provisions.For example,in the case of a direct infringement by a third party,thenegligent property company,bank,notary,real estate registration agency,accounting firm,employer,and network service provider should bear corresponding supplementary responsibilities.