公司侵权能力与侵权责任探讨

Company's Ability of Tort and Liability of Tort

确定由公司承担侵权责任的两个关键性的问题,一是公司侵权行为的构成要件,即认定公司侵权行为的标准,以区分公司的侵权行为和对外代表公司的自然人的个人侵权行为,从而确定责任的最终承担者;二是如何科学地界定法人的责任和其内部成员的责任,以使责任主体适格,使真正的责任人受到追究,从而维护公司的利益。

Two key issues for companies to assume liability of tort are the constitutive requirements for torts by company and the definition of the liability of legal person and its members. The former is the criteria of torts by company, which is to differentiate torts by company and by natural person who act as the delegate of the company, and to choose the person to bear the liability; the latter is to investigate proper subject in order to safeguard companies＇ interest.