过失侵权责任的构成要件--为注意义务寻找合法席位

过失侵权责任的构成要件既是责任发生的要件 ,也是责任限制的要件。这一问题之所以扑朔迷离、争论不休 ,原因之一在于各构成要件判断标准具有一定的重合性 ,以及缺乏整体性的把握。责任导源于义务 ,从注意义务出发考察责任的成立不仅符合认识路径 ,也是世界各国侵权法的共同做法。作为规范发生器的注意义务在责任的边缘领域突显其价值。

The Components of the Negligent Torts--to Seek A Lawful Seat for the Duty of Care

The components of the negligent torts are not only the components of the liability forms, but the components of the responsibility scope as well. This issue is such elusive and controversial, one of the reasons is that the judging criteria of each component exists certain overlap, and is lack of the overall grasp. The liability results from duty. Reviewing the existing of liability from the duty of care is not only according with the path of thinking, but also the common practice of other countries. Acting as a tool for creating the rule, the value of duty of care evidently emerges from the fringe area of liability.