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教唆、帮助无民事行为能力人或者限制民事行为能力人实施侵权行为,在一般情况下,教唆人、帮助人需共同承担侵权责任。但作为无民事行为能力人或者限制民事行为能力人的监护人,在未尽到监护义务时也应构成共同侵权行为,其责任形态为单向连带责任。我国《侵权责任法》第32条规定了监护人的过错责任归责原则及针对特殊情况下的例外规定。
Instigate, help people without civil capacity or restrict the ability of civil conduct people to commit violations, under normal circumstances, abettors, to help people need to jointly assume tort liability. However, as guardians with no capacity for civil conduct or people with limited capacity for civil conduct, they should also act as joint infringement when they fail to perform the duty of guardianship. The responsibility of the guardian is one-way joint and several liability. Article 32 of China’s Law of Tort Liability stipulates the principle of imputation of the guardian’s fault liability and the exception rules in special cases.