浅议我国侵权责任法之公平责任原则

On the Principle of Equitable Liability of Tort Liability Act in our Country

随着我国侵权责任法立法提上议事日程之后,学界对侵权责任中的一些问题展开了激烈的讨论。其中关于公平原则的争论也颇多,甚至还有人提出公平责任原则该不该存续下去的论调。笔者从公平责任的起源、类型和客观依据等方面浅论自己的见解。

As China＇s Tort Liability Act legislation is on the agenda ,the scholars of tort liability in some of the issues are engaged in a fierce discussion . And the principle of fairness is also shrouded in a lot of controversy. Some scholars even put forward a theory which argues that if the principle of Equitable Liability should be existed or not. The author will put forward his own view on the origin, the type and objective of Equitable Liability, etc.