Systematic Interpretation of the"Corresponding Lability"in the Chinese Tort Liability Law
The"corresponding liability"stipulated in Article 1169(2),Article 1189,Article 1191(2),Article 1193,and Article 1256 of the Civil Code of the People's Republic of China(CCC)is controversial in nature and form.It is a tort compensation liability directly borne by the tortfeasor to the victim that corresponds to the degree of the fault and the magnitude of the causative force.It is not the breach of contract liability between the responsible party and other tortfeasors with whom he has a contractual relationship.The form of tort liability between the tortfeasor who bears the corresponding liability and that of other tortfeasors is"partial joint and several liability",rather than joint and several liability,supplementary liability,non-genu-ine joint and several liability,or any other form of liability.Specifically,guardians and trustees at fault,instigators and helpers and guardians who have failed to fulfill their guardianship du-ties,employing units of labor dispatched workers and labor dispatch units at fault,as well as contractors and principals at fault,those who pile,dump,or scatter objects that obstruct pas-sage on public roads and the managers of public roads who cannot prove that they are not at fault all bear tort compensation liability for their respective tortious acts to the victim for the same damage.Since the scopes of the tort compensation liability of these tortfeasors do not coincide completely,their tort compensation liabilities do not constitute a joint and several liability for the entire scope of compensation but rather form a joint and several liability within the scope where they overlap.It is believed that partial joint and several liability is conducive to imple-menting the principles of full compensation and the prohibition of unjust enrichment,thus better protecting the victim.At the same time,from the perspective of causation,the corresponding li-ability should also be considered as forming a relationship of partial joint and several liability with the tort liability borne by other tortfeasors.In addition,partial joint and several liability has already been provided for in Article 1195(2)of CCC and Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Tort Liability Dispute Cases and other laws and judicial interpretations,and in judicial practice,the proportional joint and several liability that courts impose on intermediary institutions in disputes over false statements in the securities market is also a form of partial joint and several liability.As for whether the tortfeasor who bears the corresponding liability can seek recourse from other tortfeasors,it cannot be generalized and should be judged separately accord-ing to different tortious acts and the legal relationship between the tortfeasors and the nature of the tort liability.
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