公平责任原则研究

On Equality in Responsibility

市场经济需要公平,而市场经济的基本法律民商法中也必然强调公平,民商法的一个重要组成部分侵权行为法,把公平奉为一个基本的归责原则,然而围绕着它是不是一个应该存在的规则原则,是否真正体现了一种公平的观念,它的适用范围如何一直有诸多争议。本文在对公平责任原则概念辨析的基础上,进一步论证该原则是否适合中国政治、经济及法治的需要,并提出了作者对公平责任原则适用范围的见解。

Market-oriented economy needs fairness which is emphasized in civil commercial law,the basic law of market economy and is regarded as a abasic rule of responsidility attribution in the infringement of right act,which is an important part of civil commercial law.But there is mnch comtroversy as to whether there should be rule of responsibility attribution,whether it represents a view of fairness and what is its application range.On the basis of analysis of definition of fair responsibility,the author discusses its adaptation to politics,economy and the rule of law in China and put forward his view the application range of fail responsibility rule.