| The supplementary liability borne by persons breaching the safety protection duty is a major feature of Chinese civil law. However, it encounters many procedural and substantive obstacles in legal practice, making it difficult for this liability to be truly implemented. The root cause is that the supplementary liability is a tort liability incorporating remedy obligation, but tort liability and remedy obligation can hardly be integrated. The main characteristics of the supplementary liability, including the sequence of liability assumption, the supplementary nature of the scope of liability and the right to reimburse, are all closely related to the remedy obligation and they cause problems such as the dilemma in choosing the litigation form, different judgments in cases of the same kind, the uncertainty of judgment content, and the difficulty in enforcement. The person breaching the safety protection duty and the intervening third party are multiple tortfeasors without joint fault, who should therefore be held severally liable pursuant to Article 1172 of the Chinese Civil Code. Cases with a person negligently failing to fulfill his safety protection duty and an intentionally intervening third party are no exceptions, because the proportion of damages is determined by considering their comparative fault and causation, in which process their fault has already been evaluated. |
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