Research On Supplementary Liability For Tort Of Educational Institutions

With the revision of the supplementary liability system of educational institutions and the determination of the right of recourse in Article 1201 of the Civil Code of the People’s Republic of China,the issue of the liability of educational institutions in the case of third-party infringement has once again caused discussion and controversy.Although the more principled provisions of the corresponding articles of the Civil Code provide certain guidelines for relevant cases,there are still great disputes in both theoretical research and judicial practice.In order to further clarify the disputes,clarify the connotation of the supplementary tort liability of educational institutions,and promote the realization of the supplementary tort liability and the right of recourse,this article discusses the legislation,judicial practice and theoretical disputes of the supplementary tort liability of educational institutions,the rationality of the supplementary tort liability of educational institutions,Further discussion will be carried out on the five aspects of the constituent elements of supplementary tort liability and the external and internal effects of educational institutions undertaking supplementary tort liability.The first part mainly sorts out and summarizes the theoretical disputes and practical dilemmas of supplementary tort liability of educational institutions.Sorting out the legislative evolution and the focus of disputes in academic discussions,starting from the relevant judicial judgment cases after the introduction of the Tort Liability Law,through sorting and analysis,the practical difficulties faced are mainly summarized into the form of responsibility of educational institutions,and the "third party".There are four aspects:unclear identification,differences in understanding of "corresponding supplementary responsibilities",performance of supplementary responsibilities and application of the right of recourse.The second part explores the rationality of educational institutions to undertake supplementary liability for infringement.Comparing the application of supplementary liability with other forms of liability in such cases reflects the dilemma of application of other forms of liability and the advantages of applying supplementary liability.Starting from the legal basis,from the three perspectives of security obligation,absolute liability for intentional tort,and risk liability,it provides circumstantial evidence for the rationality of educational institutions to undertake tort supplementary liability,and provides a legal basis for liability.The third part analyzes the constituent elements of educational institutions’ tort supplementary liability.The fact that there is a causal relationship between the tort of a third party and the school’s inaction,the fact that the victim suffered personal injury caused by a third party while studying and living in an educational institution,the failure of the educational institution to fulfill its security obligations and the result of the damage,Educational institutions are at fault for the occurrence of the damage to explore the conditions under which the supplementary liability for tort can be applied and how it should be applied.The fourth part examines the external legal effect of the educational institution’s tort supplementary liability.This paper analyzes the relationship between educational institutions,the third infringer and the right holder of compensation from three aspects:the order of responsibility,the exercise of the right of defense,and the responsibility and exemption.The fifth part examines the internal legal effect of the supplementary liability for infringement of educational institutions.The in-depth study of the right of recourse is the key to analyzing the internal effectiveness,and the relationship between the educational institution and the third party is clarified from the perspectives of the rationality of the establishment of the right of recourse,the subject of the right of recourse,the scope of recourse and the realization of the right of recourse.