《侵权责任法》第10条设置的构成要件对受害人的举证激励不足,有必要借鉴美国侵权法第三次重述的做法,增加一项适用前提,即不能合理期待受害人证明实际致害人,这符合诚信原则的要求。另外,现行法对共同危险行为与无意思联络数人侵权的责任形态配置存在价值判断失衡,出现了“推定因果关系”下的责任重于“证明的因果关系”的情况。 It is necessary to draw lessons from the third restatement of tort law in the United States to introduce the elements of Article 10 of the Tort Liability Act which are not enough to motivate the victims to prove their evidence and to add an applicable premise that they can not reasonably expect the victim to prove the actual damage People, this is in line with the requirements of the principle of good faith. In addition, the present law has an unbalanced value judgments on the configuration of responsibility for the common dangerous behavior and the inadvertent contact with several persons, and the situation that the responsibility under “presumptive causal relationship” is heavier than the “proof of causation” has appeared.