侵权法中事务的所属人和行为人责任
发布时间：2018-08-03 10:55
【摘要】：不同法律制度对待辅助人的侵权性不当行为的方式有很大差异,为了在整体连贯的法律系统中确立责任的正当性,必须始终以合乎情理的方式考虑并权衡归责的理由。在侵权法领域确立事务所属人的一般严格责任的规则是不合理的。事务所属人无需对其雇佣的应当独立开展工作且未受其指示的人的所有致害行为负责。事务所属人负责的理由可能是辅助人不称职,也可能是活动的特殊危险性,还可能是其在选任和监督其辅助人方面存在过错。对那些处于重要地位并有权在事务所属人行为范围内发出指令的人,事务所属人应承担更加严格的责任。此外,事务所属人就取代人类辅助人的技术设备应类推适用辅助人规则而承担相应责任。就行为人的责任来说,让实际上实施了过错行为的人承担责任是合理的,但是,在事务所属人破产或损害主要是源于活动的危险性等特殊情况下,则应当根据相关利益设计恰当的解决方案。
[Abstract]:In order to establish the legitimacy of liability in the whole coherent legal system, the reasons of imputation must always be considered and weighed in a reasonable way. It is unreasonable to establish the general strict liability of the firm in the field of tort law. The firm shall not be held responsible for all injurious acts of persons employed by them who should work independently and are not instructed by them. The reason for personal responsibility may be the incompetence of the assistant, the special risk of the activity, or the fault in the selection and supervision of the assistant. For those who are in the important position and have the right to give orders within the scope of the personal behavior of the firm, the firm should bear stricter liability. In addition, firm personnel shall be responsible for the application of the auxiliary rules by analogy for the technical equipment that replaces human auxiliaries. As far as the liability of the perpetrator is concerned, it is reasonable to hold the person who has actually committed the wrong act liable, but in exceptional cases, such as the fact that the firm is personally bankrupt or the damage is mainly attributable to the danger of the activity, Appropriate solutions should be designed in accordance with the relevant interests.
【作者单位】： 维也纳大学法学院;世界侵权法学会;四川大学法学院;
【分类号】：D923
[Abstract]:In order to establish the legitimacy of liability in the whole coherent legal system, the reasons of imputation must always be considered and weighed in a reasonable way. It is unreasonable to establish the general strict liability of the firm in the field of tort law. The firm shall not be held responsible for all injurious acts of persons employed by them who should work independently and are not instructed by them. The reason for personal responsibility may be the incompetence of the assistant, the special risk of the activity, or the fault in the selection and supervision of the assistant. For those who are in the important position and have the right to give orders within the scope of the personal behavior of the firm, the firm should bear stricter liability. In addition, firm personnel shall be responsible for the application of the auxiliary rules by analogy for the technical equipment that replaces human auxiliaries. As far as the liability of the perpetrator is concerned, it is reasonable to hold the person who has actually committed the wrong act liable, but in exceptional cases, such as the fact that the firm is personally bankrupt or the damage is mainly attributable to the danger of the activity, Appropriate solutions should be designed in accordance with the relevant interests.
【作者单位】： 维也纳大学法学院;世界侵权法学会;四川大学法学院;
【分类号】：D923
【相似文献】
相关期刊论文 前10条
1 刘宁;商辅助人探析[J];吕梁高等专科学校学报;2004年03期
2 莫于川;;从专家辅助人制度看司法潮流[J];人民检察;2006年21期
3 张善q，
本文编号：2161525
本文链接：https://www.wllwen.com/falvlunwen/minfalunwen/2161525.html
