On Judicial Application Of Tort Supplementary Liability

Although the tort accessory liability system is stipulated in China’s Civil Code,due to the simplicity of the legal provisions,judges in practice do not have a consistent understanding of it,resulting in the application and tort accessory liability in judicial practice,there are still cases of misuse and misapplication,and the results of court decisions vary greatly.The results of the empirical analysis conducted by using stratified random sampling method to retrieve the judgment documents from the Wolters Kluwer show that,due to the uncertainty and unpredictability of the occurrence of tort,there are countless subjects not included but actually bear the liability in addition to the explicitly listed contents of the law.Judges in the case trial of the liability application of the recognition of lenient standards,follow the case-by-case analysis of the rules of justice,the strong influence of subjective factors,this is the influence of factors other than the law,not easy to predict.In practice,there is not yet a unified standard for the application of the liability.Schools are more likely to lose in tort litigation.Since the activities between students are the most common torts,educational institutions embody the underwriting role of students’ tort damages and are the main subjects of compensation obligations.In addition,in practice,there are a large number of judges mix and misuse of the situation of shared responsibility,and the boundary between accessory liability is unclear.In terms of the proportion of liability,there are both full and partial determinations of accessory liability,and the judge’s discretionary standards are unclear,and the proportion of liability for those who have financial capacity to bear accessory liability is high.The lack of uniform standards in the judicial application of the liability and its determination,and the excessive discretion of judges,may lead to judicial credibility being questioned.While taking into account the individual judges’ ability to improve and standardize training to ensure the unification and clarity of adjudication standards,the social insurance system can also be considered to be introduced into the application of it,so as to provide adequate protection for the victims’ damages with the power of society as a whole,improve the risk-bearing capacity of accessory liability holders,reasonably share the risks and resolve conflicts.