论文部分内容阅读
本文通过分析肯德基“秒杀门”事件,试图从实例中简单剖析民事责任的认定方法。具体通过民事行为性质及发生的时间等方面对事件中常见的缔约过失责任、违约责任与侵权责任进行区别。在同一事件中并存多种民事责任的情况下,既考虑到民事责任部分相容又不完全相容的特点,又解决了因其违法行为引发的多种损害后果承担民事责任的问题,同时又防止了其依不同的责任方式承担双份责任的可能;对受害人而言,则能够使多种损害全面兼顾地得到补救,且又不会双重获利。这样,在立法和实际操作方面,意义深远。本文还寻求责任竞合的解决之道,不仅有助于从理论上更加清晰地界定民事责任,而且有助于司法实践中更好地适用相关法律,从而更好地保护民事主体的合法权益。
This article tries to analyze the identification of civil liability simply from the examples through the analysis of KFC. Specifically through the nature of civil behavior and the time of occurrence of the common contracting fault responsibility, the liability for breach of contract and tort liability differences. In the same incident co-existence of a variety of civil liability cases, taking into account part of the civil liability is not fully compatible with the characteristics of incomplete, but also because of their illegal activities caused by a variety of consequences of damage to bear the civil liability issues, at the same time Prevent the possibility of assuming double responsibilities under different modes of responsibility; and for the victims, they can remedy the various kinds of damage comprehensively and without double profits. In this way, it is far-reaching in terms of legislation and practical operation. This article also seeks to solve the problem of competing responsibility not only helps to define the civil liability more clearly theoretically, but also helps the judicial practice to apply the relevant law better so as to better protect the legal rights of the civil subject.