再论传染病传播者的民事责任

Rediscussion on the Question of Civil Liability of Person Propagating Infectious Disease

传染病传播行为首先是一种会损害他人身体健康的行为,对此种行为的民事责任问题缺乏规范,不仅使受害者所受损害得不到救济,而且也不利于传染病防治立法目的的实现。传染病传播者所承担的民事责任,在性质上主要是一种侵害自然人健康权的侵权责任,其归责原则和构成要件,应在遵循侵权法基本原理的前提下,结合传染病传播侵权行为的特殊性予以确定。

Propagating infectious diseases is a behavior which may damage others' health at first. Without civil liability norm to regulate this behavior, not only can not give relief to victim's damage, but also unfavorable to fufill the legislative purpose of law on the prevention and treatment of infectious diseases. The civil liability born by infectious diseases spreader is mainly a kind of liability for tort which infringes natural person's health rights. Its doctrine of liability fixation and constitutive requirements should be fixed following the basic principle of tort law, the particularity of this tort should be concerned too.