Theory Of Supplementary Liability

Along with the social life is becoming more and more complex, all kinds of civil cases has had changed, in order to adapt to this change, our country also conform to the actual demand to set up supplementary liability system. The broad scope of the system of supplementary liability, not only applies to the guarantee law, also applies to the tort liability law. Supplementary liability of the former is based on the agreement between the parties, the supplementary liability which is directly made mandatory by law. Supplementary liability is an unique concept in China, but other countries have similar legal systems with it.Supplementary liability as a form of tort liability, it added responsibility to the person must be based on a certain reason. Generally as a civil subject, he will take the responsibility from both the value judgement and logic judgement to be considered.The value judgment, in the supplementary liability of tort liability is obvious, in order to remedy for damage to the victim as soon as possible. But the logic judgement did not have obvious reasons. So in this paper, started from the basic definition of supplementary liability, combing the characteristics and properties of supplementary liability.And surveyed the system of supplementary liability system in Anglo-American law system and continental law system. In addition, started from the constituent elements of the tort liability, do the detailed analysis and comparison of the elements of the offence and causal relationship. Analysis the factors that influence the division of responsibilities of the fault and the cause theory, end up with a conclusion that the causal relationship is the main factor affecting the supplement responsibility.Based on this,find the particularity of undertake supplementary liability causal relation,named the probability causal relationship.