The Research Of Supplementary Liability

Supplementary liability as our original, "personal injury compensation judicial interpretation" and "Tort Liability Act," 2009 has been determined by the 2003 adoption. Supplementary liability exists primarily as an infringement in order to solve not directly involved in the infringement of people’s direct infringement liability arising from the allocation. Because supplementary liability legislation has just begun, the theory needs further study. Therefore, the study of complementary responsibilities has important theoretical and practical significance.This paper is divided into three parts, namely introduction, body, and conclusion. The main body is divided into four chapters.Supplementary liability mainly discusses the origin and nature of the first chapter is about. From the common law origins and our legislative, judicial point of view of civil liability complement origin elaborate. Discuss supplementary liability when it introduced the concept of risk liability.The second chapter analyzes the basis of supplementary liability and value. By force and subjective reasons discussed two aspects complement fault liability exists legitimacy. Supplementary liability value through its enriched form of tort liability, balancing the interests of both parties to show.The third chapter is about the constituent elements of supplementary liability. Given the complementary responsibilities different from other forms of liability, the liability of the five proposed Elements: direct infringer damage directly caused by a third person, not as a breach of obligations as a perpetrator, not as a perpetrator is at fault, not as a perpetrator the omission of a third party damage and causation, direct infringer can not confirm or inadequate compensation capacity in these five areas.The fourth chapter discusses the types of supplementary liability. In order to achieve the type of, first established supplementary liability limits. Guardian liability under certain circumstances should not be regarded as complementary responsibilities. Depending on the content of supplementary obligations as a responsible person will be classified supplementary liability: As obligor fails to perform control the behavior of a third party that caused the third person to others bear tort liability and as a supplement for failure to fulfill obligations to protect others free obligations infringed by a third party causing the infringement by third parties bear responsibility supplement.