侵权行为分为作为和不作为,这是最基本的划分方式。我国侵权行为法大都集中在作为侵权行为,忽视了不作为侵权行为。但是,近年来一些不断涌现的新型的侵权案件给理论界提出了新的问题,用传统的研究方法解释某些问题显得过于牵强。本文拟对旁观者不作为侵权行为在理论上进行清晰地界定,从而在立法上给以明确的指引。 Infringement is divided into acts and omissions, which is the most basic way of division. Most of China’s tort law focuses on tort, ignoring the omission. However, in recent years, some emerging new types of infringement cases have raised new questions for theorists. It is too far-fetched to explain some of the problems with traditional research methods. This paper intends to clearly define the theory that onlookers are not infringing acts, so as to give clear guidance in the legislation.