侵权行为归责原则的变迁机理——兼议触电人身损害赔偿案的审理

The Evolution of Tort Act Imputation Principle

以历史观点来看,侵权行为法的发展历史,在一定意义上是其归责原则的演进史。在早期社会,出于秩序需要,适用结果责任原则。随着道德伦理的崇尚,民法侵权采用过错责任原则。但由于工业与科技的快速发展,不得不将过错与无过错责任相结合。当今,由于人们的道德素养相对滑坡以及社会对经济效率的追求等原因,必须考虑过失相抵制度,即侵权人和受害者应当按照各自相应的过错程度、对损害造成的原因力的大小等,承担按份责任。据此,对于触电人身损害赔偿案,供电企业应首先承担无过错责任,在此基础上,根据在人身损害过程中存在的过错程度,受害人承担相应的责任。

The development history of the laws for the tort act is somewhat the evolution history of imputation principle. In the early society, result liability principle was applied in order to maintain order. As moral principle was advocated, fault liability principle was adopted in the civil law for torts. Fault liability and nofault liability have to be combined with each other as a result of rapid development of industry and technology. Nowadays, due to the decline in people＇s moral accomplishment and the pursuit of economic interests, the system of negligence offset must be considered that the inflictor and his victim should shoulder their respective responsibilities according to the degree of fault, the cause of damage and so on. As to the serial legal cases of compensation of personal injury of electric shock, power supply enterprises should bear no-fauh liability first, on the basis of which the victim should be commensurately liable according to the degree of fault in the course of personal injury.