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不真正连带责任可以类型化为偶然性不真正连带责任和法定性不真正连带责任,两者同为不真正连带责任,但是具有不同的属性。传统的偶然性不真正连带责任学说和实践不利于保护受害人权益,且随着法定化趋势的加强,偶然性不真正连带责任的范围在缩小,司法实践中亦面临诸多困境。建议以受害人权益保障为基础,改变共同侵权行为的认定标准,同时在偶然性不真正连带责任案件中赋予被害人自主选择权,使其能同时或先后起诉数个侵权行为人。
Not really joint and several liability can be typed as contingency Not really joint liability and legal nature Not really joint and several liability, the two are not really jointly and severally liable, but with different attributes. The traditional contingency not really joint and several liability doctrine and practice is not conducive to the protection of victims’ rights and interests. With the legalization trend strengthening, the range of contingencies that are not really joint and several liability is narrowing, and judicial practice faces many difficulties. The suggestion is to change the standard of recognition of joint infringement based on the protection of victims’ rights and interests. At the same time, victims should be given the right of independent choice in occasional cases of non-joint and several liability, so that they can prosecute several infringers simultaneously or successively.