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责任竞合在实体法上需要解决的是如何适用法律规范的问题,在程序法上需要解决的是诉讼请求权如何行使的问题。违约责任和侵权责任竞合问题的解决,需要对民法和民事诉讼法进行衔接,而衔接比较好的正是请求权规范竞合说。
Competing for Competence The substantive law needs to be solved is how to apply the legal norms, the procedural law needs to be resolved is the litigation claims how to exercise the issue. The solution to the problem of the coincidence of the liability for breach of contract and the tort liability needs to link the civil law and the civil procedure law, and it is the competing theory of claim right which is better connected.