民事责任的两种规范模式

On Two Standardizing Modes of Civil Liability

民事权利义务规范的设定有行为本位和资源本位两种模式,民事责任规范作为民事规范的一种也不例外。传统的学说将民事责任界定为义务的违反显然是行为本位视角的产物,实际上民事责任的产生与当事人的义务违反没有必然联系。民事责任是为保护民事权利或者法益,基于特定的法律事实而对一定的民事主体产生的不利后果。根据民事规范的设定模式,可以把民事责任规范设定模式分为“义务(行为)——责任”模式和“权利(资源)——责任”模式两种,其中前者是行为本位视角的产物,后者是资源本位视角的产物。

Two modes are affirmed as to the norms to settle civil rights and obligations: one is based on the acts and the other on the resources. Being one of the civil norms, the civil liability norm is no exception. In traditional doctrine, civil liability is defined as an infringement of an obligation and thus is obviously held as an outcome in perspective of the act. Indeed, the incurrence of civil liability and the party’s failing to fulfill his obligation has no positive connection. Civil liability occurs as a consequence against a certain party based on a specific fact in order to protect one’s civil rights or legal benefits. This author divides the modes of the civil liability norm into the modes of “obligation (act)-duty” and “right (resources)-duty.” The former results from the angle of act standard, while the latter results from the angle of resource standard. The application of the two modes of civil liability is also discussed in detail from the point of the classification of civil liabilities.