数人同处一地燃放爆竹,酿成火灾,但系何人所放爆竹引起火灾却无法查明。在这种情况下,受害人要求所有燃放爆竹的人承担损害赔偿,在法理上称之为准共同侵权损害赔偿。类似情形导致的纠纷时有发生,但我国现行民事立法对这类纠纷的处理未作出明确规定。笔者试对准共同侵权损害赔偿制度设立的必要性及相关法律问题作些探讨。 一、关于准共同侵权损害赔偿制度设立的必要性。 Several people put firecrackers together in one place and caused a fire. However, it was impossible to find out who caused the fire while putting the firecrackers. Under such circumstances, the victim demanded that all those who set off firecrackers should bear the damages, legally speaking, they would be compensated for by the joint infringement. Disputes caused by similar situations have occurred from time to time, but the current civil legislation in our country has not clearly stipulated the handling of such disputes. The author attempts to explore the necessity of establishing a system of damages for joint infringement and some related legal issues. First, the need for the establishment of a system of damages for quasi-common infringement.