侵权法上的严格责任

Strict Liability in Right Infringement Law

侵权法上的严格责任最早来源于英美法。由于英美法承袭严守判例法的传统,导致了对于严格责任的概念并无详细统一的规定。随着两大法系的融合,大陆法系中亦出现了严格责任的概念。越是如此,严格责任却越加以模糊。对其内涵的阐述也是众说纷纭。从严格责任的起源着手,追溯其在两大法系的发展过程,分析了我国学者对严格责任概念的界定,并提出了新的观点:严格责任可以概括为大陆法系中除绝对责任之外的无过错责任。

Strict Liability in Right Infringement Law originated from England, America and France. Owing to the tradition of their inheriting and guarding case-law, there is no detailed and unifying provision for the concept of Strict Liability in Right Infringement Law. Along with the integration of the two law factions, the concept of strict liability was put forward in the system of civil law, which makes the concept much vaguer and the expounding for its connotation more diverse. In this paper, the author starts with the origin of strict liability and traces back to its developing process of the two law factions. The author also analyzes the concept of strict liability defined by Chinese scholars and puts forward her own opinion： The concept of strict liability may be summarized as liability without fault in system of civil law except absolute liability.