加害给付,是合同法和侵权法交叉作用的边际问题。加害给付作为典型的违约性侵权行为,产生在有合同关系的当事人之间,其一方面侵害了债权人依合同享有的期待利益,具有违约行为的特征;另一方面又属于法定义务的违反,损害了债权人的人身权益和财产权益,符合侵权行为的构成要件,成为合同法与侵权法重合调整的对象。 Harm payment, is the marginal issue of the cross-role of contract law and tort law. As a typical breach of contract infringement, harm infliction arises between the parties involved in a contractual relationship, which on the one hand infringes upon the expectant interest enjoyed by the creditor according to the contract and has the characteristics of a breach of contract; on the other hand, it is also a violation of the statutory obligation, The creditor’s personal rights and interests and property rights and interests, in line with the constitutional elements of tort, a contract law and tort law coincide adjustment.