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欧洲各国目前正在进行大规模的侵权法修订运动,其中以瑞士、奥地利和法国为代表,同时在欧洲民法典编纂的进程中,也相继提出了两个侵权行为法草案。这些草案大体可以分为三大阵营,一为一般条款模式,以瑞士和法国为代表,二为列举模式,以《欧洲共同参考框架草案》第六编为代表,三为动态体系的设计,以奥地利和《欧洲侵权法原则》为代表。这些模式中,动态体系的设计更符合侵权法自身的特点,有助于形成动态而非僵化的归责体系,同时通过指明危险责任的各种动态考量因素也有助于法官作出合理的裁判。
The European countries are currently carrying out a large-scale revision of tort law. Among them, Switzerland, Austria and France are the representatives. In the process of codification of the European Civil Code, two drafts of the tort law have also been put forward one after another. These drafts can be broadly divided into three camps: one is a general clause model, represented by Switzerland and France, and the other is a citation model, represented by Part 6 of the European Common Frameworks Reference Frame. The third is a dynamic system design Austria and the “Principles of Tort Law in Europe”. In these models, the design of a dynamic system is more in line with the characteristics of tort law and helps to form a dynamic rather than a rigid system of liability. It also helps judges to make reasonable judgments by indicating various dynamic considerations of dangerous liability.