不同法律制度对待辅助人的侵权性不当行为的方式有很大差异,为了在整体连贯的法律系统中确立责任的正当性,必须始终以合乎情理的方式考虑并权衡归责的理由。在侵权法领域确立事务所属人的一般严格责任的规则是不合理的。事务所属人无需对其雇佣的应当独立开展工作且未受其指示的人的所有致害行为负责。事务所属人负责的理由可能是辅助人不称职,也可能是活动的特殊危险性,还可能是其在选任和监督其辅助人方面存在过错。对那些处于重要地位并有权在事务所属人行为范围内发出指令的人,事务所属人应承担更加严格的责任。此外,事务所属人就取代人类辅助人的技术设备应类推适用辅助人规则而承担相应责任。就行为人的责任来说,让实际上实施了过错行为的人承担责任是合理的,但是,在事务所属人破产或损害主要是源于活动的危险性等特殊情况下,则应当根据相关利益设计恰当的解决方案。 The way in which different legal systems treat assistive human rights violations is vastly different. In order to establish the legitimacy of liability in a coherent legal system as a whole, accountability reasons must always be considered and weighed out in a reasonable manner. It is unreasonable to establish the general strict liability rules of the affiliates in the field of tort law. The affiliate does not need to be held responsible for all the harms committed by those who are employed and who are not independent of their instructions. The reason for the affiliation being responsible for the affair may be that the ancillary person is incompetent or may be a particular risk to the activity and may also be guilty of fault in the selection and supervision of his ancillary person. For those who are in an important position and have the power to issue orders within the scope of the affiliation of the affair, the affiliation should assume more stringent responsibilities. In addition, the business owner shall assume the corresponding responsibility for the technical equipment replacing the human helper by analogy with the applicable helper rule. In the perpetrator’s responsibility, it is reasonable for the person who actually committed the act of wrongdoing to assume liability, but in special cases where the insolvency of the person in office or the damage stems primarily from the danger of the activity, Design the right solution.