《侵权责任法》一直以来都是法学界关注的热点,自2009年修改以来,其中的许多规定仍为法学家所质疑,大家都在研究如何让其更加完善,发挥其应有的作用。以《侵权责任法》第43条为切入点,来研究其规定的责任形态是否合理,侵权责任样式,在损害赔偿理论中所体现的是承前启后的地位。只有让责任形态确定后,才能使受害人的权利得到保障,让侵权责任法的作用更好的发挥。 Tort Liability Act has always been a focus of attention of legal scholars. Since its amendment in 2009, many of the provisions are still being questioned by jurists. All of them are studying how to make them more perfect and play their due role. Taking Article 43 of Tort Liability Act as an entry point, it is necessary to study whether the liability form of its provisions is reasonable or not, and the tort liability pattern embodied in the theory of compensation for damages is the precondition of the past. Only after confirming the form of responsibility can the victim’s rights be protected and the role of tort law can be better played.