Research On Supplementary Liability For Tort

Supplementary tort liability which acts as an independent form of liability for the majority tort,has been confirmed by the legislation.And the debate on whether supplementary tort liability can be an independent form of liability has also been settled in the theoretical circles.However,the provisions of the Civil Code on supplementary liability in tort are relatively simple and rough,and the dilemma of the legal application of supplementary liability has not been properly resolved,mainly in the following aspects:Firstly,there is no clear definition of "corresponding" in the supplementary liability undertaken by the supplementary liability,resulting in judicial practice relying more on the discretion of judges to define the scope of "corresponding" supplementary liability;Secondly,although the Civil Code of the People’s Republic of China clearly stipulates that the person with supplementary tort liability enjoys the right of recovery,none of the existing legislation mentions the procedure for realizing the right of recovery for supplementary tort liability,which makes it difficult for the person with supplementary liability to exercise his or her right of recovery for lack of support from procedural law.And problems such as unclear paths for realizing the right of recovery cause numerous obstacles in the trial of recovery cases and become a problem that needs to be solved urgently in the legislation;Finally,the Civil Code does not clarify the subordination of supplementary liability in legislation,resulting in different attitudes of courts on whether the supplementary tort liability is subordinate,leading to confusion in judicial decisions on the subordination of supplementary liability.All the above problems need to be discussed in theory to guide the future legislation and judicial practice.Based on this,this paper,from the perspective of legislation and judicial practice,conducts an in-depth study and research on Chinese tort liability system through inductive method and case analysis,explores the outstanding problems in the application of tort supplementary liability at the practical level,and puts forward corresponding suggestions for improvement,in order to play a positive role in providing effective solutions of the problems related to tort supplementary liability.In addition to the introduction and conclusion,the thesis is divided into three parts:the introduction introduces the reasons of the research,conducts a literature review and points out the research methods.The first part is a review of the basic theory of supplementary tort liability,mainly analyzing the origin of supplementary liability,the concept of supplementary liability,the characteristics and constitutive elements of supplementary liability,etc.The second part analyzes the situation of legal regulation of supplementary tort liability,summarizes and concludes that the "corresponding supplementary liability" in the legislation and judicial practice of supplementary tort liability in China.,analyzes the legal regulation of supplementary tort liability and summarizes the problems of unclear definition of supplementary tort liability,unclear mechanism of procedural realization of supplementary tort liability,and lack of regulation guaranteeing the subordination of supplementary liability.In response to the problems summarized and inducted,the third part puts forward the perfection path of tort supplementary liability.