民事侵权补充责任的程序表达

Procedural Expression of Supplementary Liability for Civil Tort

民事侵权补充责任具有补充性、顺位性和追偿性特点,也能综合平衡受害人、直接责任人与补充责任人之间的利益,但民事程序法对此并无直接的制度关注。诉讼程序与执行程序应当分工、衔接:诉讼程序遵循牵连必要的共同诉讼机制,解决责任的补充性问题;执行程序则区别直接责任人和补充责任人的执行内容,在穷尽对直接责任人的执行手段后,引入受害人、直接责任人、补充责任人三方参与的听证,最终确定补充责任人的执行内容,并借助债权凭证简化补充责任人的追偿程序,解决责任的顺位性和追偿性问题。

The supplementary liability of civil tort has the characteristics of complementarity,sequential order and recovery.It also comprehensively balances the interests between the victim,the direct responsible person and the supplementary responsible person.However,The Civil Procedure Law has no direct institutional attention to it.The litigation procedure and the execution procedure should be divided and connected.The litigation procedure follows the necessary common litigation mechanism involved to solve the supplementary problem of responsibility.The execution procedure distinguishes the execution contents of the direct responsible person and the supplementary responsible person.After exhausting the means of execution for the direct responsible person,the hearing with participation of the victim,direct responsible person and supplementary responsible person is introduced to finally determine the execution content of the supplementary responsible person.With the help of creditor's rights voucher,the recovery procedure of the supplementary responsible person shall be simplified to solve the problem of order and recovery of responsibility.