专家责任的构造机理及其立法考察

专家责任是指专家在执业过程中给委托人(相对人)及第三人造成损害所应承担的民事责任。从责任的性质上来看,专家责任一般可以划分为专家的契约责任和专家的侵权责任两类。在肯定相对人依契约关系向债务不履行的专家主张违约损害赔偿请求权的同时,将专家责任的一般性条款规定于侵权责任法,具体类型则由特别法规定,在侵权法体系下全面地保护受侵害人。

The Structure Mechanism and Legislation Research of the Responsibility of Expert

The responsibility of expert means the responsibility caused by expert who brings to client and tire third party. From the characteristics of responsibility, the responsibility of expert cummonly can be divided into the contract responsibility and tort responsibilily. The client＇ s claiming injury compensation request right to the expert who doesn＇ t perform the obligation or bear the liability according to the contract shoed be approved, and the common articles of the responsibility of expert should be regulated in Tort Law of the People＇ s Republic of China, its specific types should be regulated in special law. The victim should be roundly protected under the system of Tort Law.