Study On The Issue Of The Right Of Recovery Of Supplementary Liable Persons

Supplementary liability is an original legal concept in China and is a new and independent form of liability.The obligation of security care in German civil law and supplementary liability in Japanese civil law are similar but have different connotations;the theoretical issues involved in supplementary liability in China are relatively complicated;through the continuous improvement of the "Tort Liability Law" to the "Civil Code of the People’s Republic of China" and the supplementary norms of the relevant judicial interpretations of the Supreme People’s Court,there are still many problems that need to be solved urgently,and at the same time it also has great practical value.The right of recovery was first applied in debt disputes and was generally freely agreed upon by the parties to the debtor.The introduction of the right of recovery into tort liability has statutory implications,aiming to balance the interests of multiple infringers in joint tort liability.However,there has been controversy about the introduction of the right of recovery into supplementary liability,and this time the Civil Code gives a clear answer.However,judging from the current revision process of the "Civil Code," there have been many wavering legislative movements,and the position of the draft of the tort liability compilation drafted by the Legislative Affairs Committee of the NPC Standing Committee has been uncertain.Moreover,this problem not only troubles legal theory but also judicial practice,and the adjudication results of local courts on similar cases are often different,and the relevant judicial interpretations are not perfect,which poses a challenge to the legislative stability and judicial legitimacy of the realization of the "right of recovery" based on this article.At the beginning of the promulgation of the new law,due to the lack of effective judicial cases to test the feasibility of the law,the application of the right of recovery in supplementary liability urgently needed further explanation and explanation.This article discusses this to some extent,first explaining the basic concepts of supplementary liability and the right of recovery,and then discussing the evolution of legislation and judicial application and the motivations behind them.On this basis,it points out the deficiencies that still exist in judicial application,and hopes to provide some help to the application of supplementary responsibilities in judicial practice.