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法、德两国民法均以“合同—侵权”二分法构建其民事责任体系,但随着实践的发展,传统的民事责任体系受到冲击。以诚实信用原则为依据,合同义务不断拓展,合同责任呈现出扩张趋势。侵权责任也逐渐将不作为责任纳入其中。但各国法律构造的不同,使其民事责任体系的发展呈现出不同样态。我国在民事立法上采取混合继受、单行立法的方式,因此在体系上存在一些不协调之处。通过比较借鉴大陆法系国家的制度经验,我国未来的《民法典》有必要在总则中对民事责任制度进行一般规定,以统领分则各章,同时坚持合同上义务群的规定,适当突破合同相对性,以更加周延地保护当事人权益,使侵权行为回归债法,并借鉴德国模式对其精确限缩,以便于适用。通过请求权规范竞合说解决责任的重合问题,妥善协调各种责任之间的关系,维护民法典内责任体系的统一与和谐。
The civil law of France and Germany both construct their civil liability system by the dichotomy of “contract - infringement ”, but with the development of practice, the traditional system of civil liability is under attack. Based on the principle of good faith, the contractual obligations have been continuously expanded and the contractual obligations have shown an expansion trend. Tort liability also gradually incorporates no responsibility. However, due to the different legal structures in different countries, the development of civil liability system shows a different pattern. My country adopts the method of mixed inheritance and single-line legislation in civil legislation, so there are some inconsistencies in the system. By comparing the experience of civil law countries, it is necessary for our future “Civil Code” to stipulate the general rules of civil liability in order to guide the sub-chapters, insist on the stipulations of the obligatory group in the contract and break the contract properly Relativity, in order to protect the rights and interests of the parties in a more extended way, return the infringement to the debt law, and draw on the German model to precisely restrict it so as to be applicable. Through the competing claims of norms competing to solve the problem of overlap, properly coordinate the relationship between the various responsibilities and to maintain the unity and harmony of the responsibility system within the Civil Code.