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小区公用设施致害案日益增多,因我国法律规定不明确,有法院判决所有人、管理人和使用人共同承担责任,有法院判决管理人或使用人共同或单独承担责任,社会舆论也各有各的说法。中国人民大学法学院杨立新教授认为三者是不真正连带责任的关系,但本文认为管理人和使用人是连带责任关系,所有人与两者是补充责任关系更为合理合法些。
Residential public facilities in the growing number of cases, because China’s legal provisions are not clear, there are court decisions owners, managers and users share responsibility, the court adjudicators or users jointly or severally assume responsibility, public opinion also have Each statement. Yang Lixin, a professor of law at Renmin University of China, believes that the three are not really joint and several liability. However, this article considers that the administrator and the user are jointly and severally liable, and it is more reasonable and legal for both the owner and the two to supplement the responsibility relationship.