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加重责任理念无论是在大陆法系抑或是英美法系的商法中都还处在实践理性阶段,均缺乏系统性梳理,其理论内涵及实践价值还远远没有得到法学界特别是商法学界的足够重视。然而什么是加重责任理念,其基础、内涵、外延如何,该理念如何在商法中体现,其适用是否应有限定的范围?本文拟通过对相关理论的阐述展开论证,以期对上述问题的解答有所裨益。
The concept of aggravating liability is still in the stage of practical rationality both in the civil law system and in the commercial law of Anglo-American legal system, which lacks a systematic review. The theoretical connotation and practical value are far from being enough by the legal profession, especially the commercial law circles Pay attention. However, what is the concept of aggravating liability, and its basis, connotation and extension, how to reflect the concept in the commercial law, whether its application should have a limited scope? This paper intends to demonstrate the relevant theory, in order to answer these questions Benefit.