无意思联络的数人侵权问题研讨.pdfVIP

目 录 摘 要·························································································································I Abstract ·····················································································································III 引 言························································································································1 一、无意思联络的数人侵权的提出·········································································2 （一）共同侵权面临困境·····················································································2 （二）共同侵权理论的纷争·················································································3 （三）我国的研究现状·························································································6 二、无意思联络的数人侵权的认定·········································································9 （一）无意思联络的数人侵权的相关立法例······················································9 （二）无意思联络的数人侵权的概念及构成要件············································13 （三）无意思联络的数人侵权与相关概念的比较············································16 三、无意思联络的数人侵权的分类与责任···························································22 （一）无意思联络的数人侵权的分类································································22 （二）无意思联络的数人侵权的责任································································24 四、无意思联络的数人侵权的制度设计·······························································28 （一）无意思联络的数人侵权理论的重构························································28 （二）无意思联络的数人侵权的诉讼形态························································32 结 语······················································································································35 参考文献··················································································································36 致谢··············································································