对安全保障义务人因第三人侵权所承担责任的再探讨

经过四年多的实践,人们对安全保障义务人因第三人侵权,应当承担补充赔偿责任的法律规定产生了疑问,认为无论是在法理上还是在司法实务中都存在一定的缺憾。因此建议将安全保障义务人因第三人侵权所承担的责任,界定为无意思联络数人侵权的按份责任,以便更好地体现侵权法的目的和发挥侵权责任的功能。

Further Discussion on Undertaking Responsibility of Safety-Protection Obligor Causing by the Tort of a Third Patty

After more than four years' practice,people have doubted about the legal provision that the safety-protection obligor should undertake supplementary infringement liability causing by the tort of a third party. It is regarded that there is a defect in the legal provision logically and theoretically. Therefore it is suggested that the responsibility of safety-protection obligor causing by the tort of a third party should be defined as the shared liability of joint infringe without consciousness contracting,in order to embody the objective of the tort law and exert function of tort liability preferably.