简论侵权责任的归责原则

Responsibility Ascertainment Principles for Tort Liability

侵权责任的归责原则,是处理侵权纠纷、确定行为人侵权民事责任的根据和标准。归责原则决定着责任构成、举证责任承担、免责条件等一系列问题,在侵权法中居于核心地位。我国侵权原则体系应由过错责任原则、过错推定原则和公平责任原则构成。

Responsibility ascertainment principles for tort liability is the grouds and standard for treating disputes of tert liability and ascertainment the civil responsibity of behaviors. It determines many problems such as the constitution of responsibility , the undertaking of the responsibility of putting to the proof, responsibity exemption conditions and so on. It is the core in Tort Law. On basis of the sorting-out to the concept and history and development and the current situation home and abroad of ascertainment principles , the following thesis analyses the frame of the system of ascertainment principles in China and states that the system of ascertainment principles in China should be constituted of the principles of fault responsibility, the principle of fault inference and the principle of fair responsibility.