侵权责任形态研究

侵权责任形态 ,是作者第一次提出的侵权行为法概念 ,使用这个概念所概括的是 ,侵权责任构成之后 ,根据不同的侵权行为类型的要求 ,确定侵权责任在不同的当事人之间进行分配的表现形式。最主要的侵权责任形态为直接责任和替代责任、单方责任和双方责任以及单独责任和共同责任。加害人自己实施的侵权行为自己承担的责任就是直接责任 ,加害人实施的侵权行为或者行为人管领下的物件致人损害由与其有特定关系责任人承担的责任就是替代责任 ;行为人或者责任人自己承担责任或者受害人自己承担责任 ,是单独责任 ,而双方当事人分别承担侵权责任 ,是双方责任 ;加害人为一人的承担的责任是单独责任 ,而多数加害人承担的责任是共同责任

The Research on the Shapes of Tortious liability

The shapes of tortious liability ,which is put forward as a tort conception by myself firstly, are to generalize the apportionment of liability among the parties according to the different types of torts. The overwhelming shapes of tortious liability are personal liability and vicarious liability, unilateral liability and bilateral liability, and several liability and joint liability. The personal liability is that the tortfeasor himself bears the tortious liability of his own infringement, and the vicarious liability is that the person is liable to the reparation for injury by the tortfeasor holding the special relationship to him or by the act of things in his custody;the unilateral liability is that the plaintiff or defendant doesn`t bear the civil liability simultaneously, and the bilateral liability is both parties are liable to the injury jointly;the several liability is that the tortfeasor himself bears the liability, and the joint liability is that all the joint tortfeasors bear the liability.