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我国《合同法》第一百二十二条之规定,虽然明确承认了违约责任与侵权责任的竞合,但是并未在具体适用上做出详细的规定,使法院在处理此类案件时,显得过于僵硬。由于违约责任与侵权责任二者在构成要件、归责原则等诸方面存在不同,为了使受害人选择何种方式请求赔偿,各国观点以及立法都不尽相同。为了使受损害方和侵权方的利益均衡,我国应对违约责任和侵权责任的竞合制度作进一步的完善。
The stipulation of Article 122 of the Contract Law of China stipulates that although the agreement of the liability for breach of contract and the liability for infringement has been explicitly recognized, no specific provisions have been made on the specific application of the law, so that when handling such cases, Looks too stiff. Because of the difference between the constituent elements of the liability for breach of contract and the tort liability, the principle of attribution, and so on, the views and legislation of different countries are different in order to make the victims choose which way to seek compensation. In order to balance the interests of the aggrieved party and the infringer, our country should further improve the system of competing for breach of contract and tort liability.