随着契约法和侵权行为法上义务的不断扩张,传统两分法民事责任体系遇到了理论和实践困境。在考察两大法系和国内不同解决思路的基础上,借鉴德国法上的“统一保护义务关系”学说,建立不同于传统契约责任和侵权责任的保护责任,可以在理论上厘清民事责任的界限,实现对受害人的全面保护,也丰富和发展了民事责任体系。 With the continuous expansion of the obligations under contract law and tort law, the traditional dichotomy civil liability system has encountered difficulties in theory and practice. On the basis of examining the two legal systems and different domestic solutions, drawing on the doctrine of “unified protection of obligations” in the German law, it is theoretically possible to clarify the responsibility of protection that is different from the traditional contractual liability and tort liability Boundaries to achieve the full protection of the victims, but also enrich and develop the system of civil liability.