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民法理论通说认为,多数人侵权的责任形态分为四种:补充责任、按份责任、连带责任和不真正连带责任,根据《产品质量法》和《侵权责任法》,因产品缺陷造成他人损害的,被侵权人可以向产品的销售者寻求救济,也可以向生产者寻求救济,但是关于产品的生产者与销售者之间究竟是连带责任还是不真正连带责任的争议,本文作了观点的梳理并提出其责任类型为不真正连带责任。
According to the theory of civil law, most people infringe the responsibility form is divided into four: supplement responsibility, according to the responsibility, joint and several liability and not really joint and several liability, according to the “Product Quality Law” and “tort liability law”, because of product defects caused by others Damage, the infringer may seek relief from the seller of the product, and may also seek relief from the producer. However, this article makes a point of view whether the producer and the seller of the product are jointly or severally liable or not. Combing and put forward the type of responsibility for the unreal joint and several liability.