对过错推定责任的再认识

A Reconsideration on Presumption of Fault Principle

过错推定责任应否作为一项独立的归责原则,在侵权法理论上一直存在争议。争议的焦点集中在两个方面:一是过错推定责任是不是过错责任的一种形态;二是过错推定责任应否作为独立的侵权归责原则。文章通过分析认为,过错推定责任并非过错责任的特殊形态,而应当是一项独立的侵权法归责原则。

Through the reconsideration of the ＂presumption＂ in the presumption of fault principle, this thesis has got to the conclusion that the ＂presumption＂ in the presumption of fault principle has the characteristics as followings, the effect of agency by estoppel, adaptability and hypothetical quality. By focusing on the argument that whether the presumption of fault principle ought to be an independent principle of liability, this essay hold the opinion that the presumption of fault principle has its unique and independent mean