On New Development of"Corresponding Liability"in China's Tort Law
In the discussion and application of the"Corresponding liability"in the Tort Liability section of the Civil Code,the joint liability form between the person who bears"corresponding liability"and other responsible parties,the factors determining the size of"corresponding responsibility",and the recovery relationship between responsible parties are three key issues in the theoretical and practical circles.In order to fully respond to these issues and clarify and unify legal application standards,the Judicial Interpretation on Tort Liability further stipulates the"corresponding liability"of trustee,guardian,labor dispatch unit,and ordering party.Due to the unified adoption of the"separate determination and joint liable"model for the form of joint liability in this interpretation,the overlapping external liabilities that each responsible party should bear should be recognized as solidary liability.The"scope of fault"of the responsible party is the basis for determining the size of the"corresponding liability",including two factors:the degree of fault and the causative potency.There are inappropriate provisions in this explanation regarding the recovery relationship between responsible parties in cases of instigation and assistance,labor dispatch,and contracting.The relevant recovery rules should be improved based on the realization of preventive functions and the balance of interests between responsible parties.
corresponding liabilitysolidary liabilitydegree of faultcausative potencyright of recourse
万方数据
