Research On Supplementary Responsibility System Of Security Obligor

The provision of the supplementary liability system for security obligors in our country in the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")is a major advancement in our country’s legislative work.The experience of the aforementioned legislation is drawn on,Article 1198 The relevant regulations have been updated in.Since its establishment in 2003,there have been many controversies.When many foreign laws and regulations define the responsibility of security obligors as unreal joint and several liability,our country stipulates the responsibility of security obligors as supplementary responsibilities,which contains legislative value.And social value is worthy of our thinking.However,due to the relatively concise expression of the provisions of the law,there are some disputes about the application of this provision in our judicial practice due to different understandings.Therefore,this article analyzes the core of the law in combination with the legislative background and development trend,and reasonably explains its meaning.In this way,we can realize the organic unity of legislation and justice,reasonably clarify the meaning of legal provisions and properly resolve disputes in judicial practice,and realize the justice of individual cases.The main research content of this article is divided into the following five parts:Part 1: Introduction to the paper.It mainly includes the research background and significance of the selected topic,the research status at home and abroad,research methods and research innovation points.The second part: mainly focuses on the basic theory of the topic.On the one hand,it defines the supplementary responsibility of the security guard,especially its meaning and characteristics;on the other hand,it is from the three perspectives of civil law,economic law and sociology Dig deep into the theoretical foundation of the obligation of safety guarantee.The third part: It is aimed at the current legislative status and existing problems of the topic selection.The provisions in the "Civil Code" have been affected by the previous,and there is a lack of detailed provisions for this part.The academic theory has not yet reached a consensus for many years.Through analysis The legal provisions at different stages of development summarize the current status of my country’s legislation and justice and existing problems,such as narrow scope of application,unclear obligations,and “corresponding” how to interpret the corresponding supplementary responsibilities.Part Four: Reference to the supplementary liability system for the security obligors outside the territory.Through the civil law system and the common law system related to the supplementary liability of the security obligor,it is concluded that there is a wide range of liability subjects in the excellent legislative experience outside the territory,strict inspection of the degree of fault,and the application of the principle of strict liability imputation,In order to absorb excellent legislative experience and promote the development of the supplementary responsibility system of security obligors in my country.The fifth part: on the basis of research and analysis,suggestions for perfecting this kind of responsibility system are made.In particular,with regard to expanding the scope of application of the subject of obligations,clarifying the identification standards of obligations,and increasing the consideration factors for determining responsibilities,in the improvement of the relief mechanism,the specific rules on how to exercise the right of recourse are proposed from the perspective of the source of the right of recourse,and the corresponding analysis is proposed.What is the meaning of this qualifier? Construct a more reasonable and comprehensive system to achieve a balance of interests among the obligor,the third party and the victim.