补充责任在我国侵权法上的扩张与限制
发布时间：2018-08-30 09:47
【摘要】：在侵权责任法中,“侵权责任形态”是一个基本的概念,它回答的是侵权责任由谁承担,如何承担的问题。“侵权责任形态”的一种分类是单独责任和共同责任,其中共同责任是指由两个以上责任人依照法定方式共同对被害人承担责任。通说认为共同责任可分为四种,即按份责任、连带责任、不真正连带责任和补充责任,可知,通说把补充责任列为与前三种责任并列的一种独立的新型责任形态。但亦有学者不认同上述观点。学术界对补充责任的内涵和外延的不同理解导致了补充责任适用范围存在较大争议。针对上述争议,笔者通过回顾国内补充责任的理论、立法和司法实践发展历程和现状,对比国外的补充责任理论类似学说、立法和司法实践经验,对补充责任给予厘清和再定义。本文采用比较研究分析法、案例分析法和历史研究法,以补充责任适用范围的扩张和限制为视角,对其适用范围进行再探讨并最终得出自己的结论。
[Abstract]:In the law of tort liability, the form of tort liability is a basic concept, which answers the question of who bears the tort liability and how to bear it. One kind of classification of "tort liability form" is individual responsibility and common responsibility, in which joint responsibility refers to two or more persons responsible for the joint responsibility to the victim in accordance with the legal means. The general theory holds that the common responsibility can be divided into four kinds, that is, the shared responsibility, the joint liability, the untrue joint and several liability and the supplementary responsibility, which can be seen as an independent new type of responsibility which is juxtaposed with the former three kinds of responsibilities. However, some scholars do not agree with the above views. The different understanding of the connotation and extension of supplementary liability in academic circles leads to the controversy of the scope of application of supplementary liability. In view of the above disputes, the author reviews the theory of supplementary liability, the development of legislation and judicial practice and the present situation, and compares the similar theories, legislation and judicial practice experience of foreign complementary liability theory. Clarify and redefine supplementary responsibilities. This paper uses comparative research method, case analysis method and historical research method, from the angle of view of the expansion and limitation of the scope of application of supplementary liability, discusses its scope of application again and finally draws its own conclusion.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
本文编号：2212708
[Abstract]:In the law of tort liability, the form of tort liability is a basic concept, which answers the question of who bears the tort liability and how to bear it. One kind of classification of "tort liability form" is individual responsibility and common responsibility, in which joint responsibility refers to two or more persons responsible for the joint responsibility to the victim in accordance with the legal means. The general theory holds that the common responsibility can be divided into four kinds, that is, the shared responsibility, the joint liability, the untrue joint and several liability and the supplementary responsibility, which can be seen as an independent new type of responsibility which is juxtaposed with the former three kinds of responsibilities. However, some scholars do not agree with the above views. The different understanding of the connotation and extension of supplementary liability in academic circles leads to the controversy of the scope of application of supplementary liability. In view of the above disputes, the author reviews the theory of supplementary liability, the development of legislation and judicial practice and the present situation, and compares the similar theories, legislation and judicial practice experience of foreign complementary liability theory. Clarify and redefine supplementary responsibilities. This paper uses comparative research method, case analysis method and historical research method, from the angle of view of the expansion and limitation of the scope of application of supplementary liability, discusses its scope of application again and finally draws its own conclusion.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923
【参考文献】
相关期刊论文 前2条
1 李永军;;论《侵权责任法》关于多数加害人的责任承担方式[J];法学论坛;2010年02期
2 张民安;;人的安全保障义务理论研究 兼评《关于审理人身损害赔偿案件适用法律若干问题的解释》第6条[J];中外法学;2006年06期
，本文编号：2212708
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