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我国在2009年通过的《侵权责任法》中首次以立法的形式确立了补充责任制度,学术界有观点认为补充责任属于不真正连带责任的一种,是其下位概念。侵权补充责任与不真正连带责任虽然有一些相似之处,但二者也存在着诸多不同。从本质上讲补充责任是二人以上共同承担责任中的一种新型的、独立的责任形态。
For the first time in our country, the Tort Liability Act passed in 2009 established the supplementary responsibility system in the form of legislation. Some scholars in the academic circles think that the supplementary responsibility belongs to one that is not really joint and several liability, and is the subordinate concept. Although there are some similarities between the infringement of complementary liability and the non-genuine joint liability, there are many differences between the two. In essence, to supplement responsibility is a new and independent form of responsibility among more than two people in assuming responsibility.