论教唆、帮助他人实施侵权行为的民事责任承担

教唆、帮助他人实施侵权行为理论上属于广义上的共同侵权行为，但在民事责任的承担上具有特殊性。从规范模式看，教唆、帮助他人实施侵权行为在我国经历了由司法解释到民事立法的演变过程，但现行立法规定仍有完善必要。教唆人与帮助人在侵权行为中的主观恶性及其对后果的影响等方面明显不同，因而在民事责任承担上应有所区别。教唆、帮助非完全民事行为能力人实施侵权行为的，应根据被教唆、帮助的对象不同确立相应的民事责任承担规则。即教唆无民事行为能力人实施侵权行为的，由教唆人承担全部责任；教唆限制民事行为能力人实施侵权行为的，由教唆人承担主要责任。

Civil Liability for Abetting or Aiding Other People in the Commission of Torts

Abetting or aiding other people in committing a tort is considered as joint tort in a board sense, but it has its own particularities with regard to civil liability. Though this kind of tort has undergone a process of evolution from judicial interpretation to civil legislation in China if it is examined from the perspective of normative model, it is still necessary to improve the existing relevant legislations. Abettors and aiders differ from each other in terms of the culpability of their intention and its influence on the consequences or other aspects, therefore civil liabilities for abettors and aiders need to be distinguished from each other. Those who abet or aid the person who is not with full capacity for civil conduct, should bear corresponding civil liabilities according to the identity of the person. That is, those who abet the person who does not have civil capacity shall assume full responsibility, and those who abet the person who only has limited civil capacity shall assume main responsibility.