论文部分内容阅读
安全保障义务在我国《侵权责任法》第37条中加以明确规定,但是,其制度尚存在不完善之处,在安全保障义务的责任形态上,尤其是在第三人介入的情况下,安全保障义务人与第三人责任形态的界分,仍然不够完善,在理论界引起了广泛的讨论。本文首先从安全保障义务的性质出发,确定对安全保障义务的规则原则及其构成要件,明确其规则原则的构成要件对于责任承担的大小和原因力的界定的意义;然后在此理论基础之上,讨论安全保障义务在安全保障义务人直接侵权和第三人侵权的情况下的责任形态问题。通过比较各家学说,坚持在保护受害人的权益得到充分救济,并平衡各方利益的价值标准上,提出自己关于责任形态的观点。
The obligation of safeguarding security is clearly stipulated in Article 37 of “Tort Liability Law” of our country. However, there are still imperfections in its system. In the aspect of the responsibility of the obligation of safeguarding security, especially in the case of third party involvement, the security The division of responsibility forms between obligor and third party is still not perfect, which has aroused extensive discussion in theorists. In this paper, starting from the nature of the obligation, it is necessary to determine the rules and obligations of the obligation of safety and security, and clarify the significance of the constitutional elements of the rules to the definition of the responsibility and cause. Then, on the basis of this theory , To discuss the obligation of security obligations in the case of direct and third party violations of the obligations of security obligations. By comparing different schools of thought, we should persist in putting forward our own views on the form of responsibility on the value standards of protecting victims’ rights and interests and balancing the interests of all parties.