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第三人介入情形下,经营场所安全保障义务人与被害者之间的权利义务关系通常会变得复杂化,而对构成要件加以分析,是讨论其责任分担的前提。目前,我国学界已有较多学者就安全保障义务人侵权责任构成要件作出论述,但其往往采用传统论述方式,缺少针对性。因此,本文将结合不同第三人介入类型,将传统构成要件重新解析,力求为责任划分之讨论奠定一定基础。
In the case of third party intervention, the rights and obligations between the obligor and the victim of the safety and security of the business premises usually become complicated, and analyzing the constitutional requirements is a prerequisite for discussing the responsibility sharing. At present, more scholars in academia in our country have made elaboration on the elements of liability for infringement of safety and security obligor, but they often adopt the traditional way of discourse and lack of pertinence. Therefore, this article will be based on different types of third-party intervention, the traditional components of the re-analysis, and strive to establish a basis for the discussion of responsibility division.