专家责任制度中的专家不当行为分析

A PRELIMINARY ANALYSIS OF PROFESSIONAL INJUDICIAL ACTIONS OF PROFESSIONAL LIABILITY

专家不当行为是专家民事责任的核心构成要件之一。本文着重从侵权行为法角度界定了该不当行为,从义务违反角度分析了该不当行为的理论类型,并简要归纳分析了国内典型专家行业中该不当行为的实际情形,最后分析了该不当行为的危害性。

The concept of “professional injudicial actions”, or misconducts of professionals, is an essential component of professional civil liability. This article defines professional injudicial actions from the perspective of the tort law, analyzes their theoretical types from the angle of disobeying obligation and groups such typical misconducts present in the current professional circles in China into several types. The potential harms of such misconducts are discussed.