从比较法上考察,违法性在各国法律制度中存在不同理解,但在责任的成立上其具有着十分关键的作用,尤其在过错责任领域。《欧洲侵权法原则》在综合考量各国观点的基础上,对违法性的确认采取了三步走的方法。在此种方法中,法律所保护的权益及行为人行为标准的确立是十分关键的,应尽量做出明确但不失灵活的规定。 From the perspective of comparative law, illegality has different understanding in the legal systems of various countries, but it plays a very crucial role in the establishment of responsibility, especially in the field of fault liability. The “European Tort Law Principle” has taken a three-step approach to the verification of illegality on the basis of comprehensive consideration of the views of all countries. In such a method, the establishment of standards of conduct protected by law and the standards of conduct of the perpetrator is crucial. Clear but flexible provisions should be made as much as possible.