论国内民法典中专家民事责任制度的构建思路

近年来,专家民事责任问题已逐渐引起国内立法、司法及理论界的重视。国内民法典中构建该责任制度的思路为:首先,应以侵权行为篇规定为主,以合同篇规定为辅;其次,侵权行为篇中主要在分则"自己不当行为责任"中专设一节;再次,在合同篇总则中规定专家承担违约责任的基本依据,在分则的某些有名合同中规定专家的违约责任;最后民法典中仅规定专家责任的一般形态,各类专家的特殊问题应交由特别法去规定。

On the Establishment of the Professional Liability System in Chinese Civil Code

The professional liability issue has been attached great importance by the legislature, judicial and scholars in recent years. This paper argues that the train of thought designing the professional liability system in Chinese civil code mainly include the followed: firstly, the system should mainly be designed in the tort law and secondarily in the contract law; secondly, we should specially regulate one section in the tort law about the professional liability in the chapter of the self wrongful actions liability; thirdly, we should regulate not only the essential gist of the professional liability of breach, but also the concrete liability of breach in the some contacts in the contract law; Finally, we should regulate the generic problems of the professional liability in the civil code, and the special problems of the various professional should be regulated in the specific laws.