教唆 帮助非完全民事行为能力人侵权的法律责任——《侵权责任法》第九条第二款评析-legal liability for aiding and abetting the infringement of a person with incomplete capacity for civil conduct - comment on the second paragraph of article 9 of the tort liability l.docxVIP

THE LEGAL LIABILITY IN THE ACT OF TORT THAT ABETS OR ASSISTS WHOM LACK THE FULL CAPACITY—— AN ANALYSIS OF ARTICLE 9 SECTION2OF THE TORT LIABILITY LAWABSTRACTArticle 9 section2 of the Tort Liability Law of PRC stipulates that a person shall bear tort liability when he /she abets a person with no or limited civil capacity to commit or assists a person with no or limited civil capacity in committing a tortious act. However, the text of the legislation uses a relatively broad term of “Corresponding Liability” to state this theory, and does not make answers to the specific form of the “Most People Liabilities” in this special area, which may cause differences and difficulties in understanding and real practice. From the point of views of some scholars and judicial works, we may not able to understand the essence of such problems.This paper starts from the basic theory of the Tort Liability Law, and cuts into the problem in the point of distinguishing the liability forms of most people. This paper also utilizes the materials and methods of comparative law,investigates into the respective actor or liable person’s subjective elements, causal relation and effects on the liability undertaking. Distinguishing thedifference between abetting and assisting， the difference of the civil capacity ofwhom abetted or assisted, we may get the conclusion that , as a principle, the victim can claim all his lost from the abettor or the assistor, and the guardian should assume a certain limited joint liability or complementary liability, if failing to fulfill his or her guardian duties.KEYWORDS: torts, abet, assist, capacity, most people liability目录前言 ................................................................................ 1第一章 教唆、帮助非完全行为能力人侵权责任制度概述 ................................... 3第一节 国外及台湾地区相关立法 ..................................................... 3第二节 我国相关立法 ............................................................... 4第三节 关于《侵权责任法》第九条第二款“相应的责任”的三种学说...