加害给付救济制度研究

On the system of the Law Remedy of Injury Delivery

在加害给付中,债权人的合同利益与固有利益同时受到了损害,传统的合同法与侵权法理论无法对债权人进行合理的救济。责任竞合理论试图解释加害给付赔偿请求权的法理,但总存在着缺陷或不足。建立独立的加害给付救济制度是一种新的选择。其在责任的构成、范围、举证等方面均有别于传统的合同法与侵权法的规定,从而有助于实现对加害给付受害人的公平救济。

The contractual and inherent benefits of the creditors have been damaged at the same time, and the traditional theories of the contract law alongside the tort law can＇ t implement rational remedies to the creditors in terms of injury delivery. The theory of the coincide of liabilities intends to explain the legality of petition for compensation of injury delivery. However,there exist certain flaws. It＇ s a new option to establish an independent system of the law remedy of injury delivery. It differs from the stipulation of traditional contract law and tort law in configuration, range as well as evidence - providing of the liability, which is helpful to carry out the fair remedies to victims of injury delivery.