安全保障义务人对第三人侵权责任的承担——安全保障义务人“补充责任”解释-the commitment of the safety guarantee obligor to the infringement liability of the third party - explanation of the.docxVIP

AbstractArticle 37 section 2 of “Tort Liability Law of the Peoples Republic of China”（referred to as “tort liability law”）, provisions of the security obligations to the victims in the infringement of a third person should bear the supplementary liability. Once again to determine the responsibility for security obligations supplement after the article 6section 2 of “the Interpretation on Issues of Laws application to Cases of Compensation for Personal Injury by the Supreme People’ Court”(referred to as “personal injury compensation for judicial interpretation”) Indeed ,the supplementary liability for security obligations is the effective solution to the responsibility of the problem in the infringement case in the third party meanwhile obligor of the security deficiencies of safety and security obligations and better balance the interests of the parties. This paper, on the basis of combed the evolution of security obligations supplementary liability in tort , discussed the legal basis and practical needs when a third party infringement security obligations bear the supplementary liability. The paper has comparatively studied the security safeguards obligations responsibility in civil law and common law when a third party infringed and has done as comprehensive and multi-angle as possible explanation for the provisions of “tort liability law” and “personal injury compensation for judicial interpretation” to contribute to the correct application of the judicial practice.This article is divided into five sections in addition to the introduction and conclusion.The first part explored the root causes of security obligations supplementary liability in tort law in China. The second part elaborated the legal basis and practical needs when a third party infringement security obligations bear the supplementary liability of Chinas existing laws and regulations set. The third part comparativelystudied the security safeguards obligations responsibility in civil law and c