论美国侵权法“行为人自担风险”规则——兼论我国侵权责任原则的完善

On the Assumption of the Risk Rule in American Tort Law——the Perfection of Tort Liability Principle in China

自担风险、自负其责是为人处世的基本准则,权益保护与行为自由是侵权法努力平衡的两大目标。我国侵权法过于强调公平责任,导致行为人不担风险、加重赔偿责任、限制行为自由等弊端,需要加以校正,可供选择的路径之一,就是借鉴美国侵权法"行为人自担风险"规则。

At one＇s own risk and responsibility is mainly basic norm of human behavior. The protection of rights and the freedom of behavior are the two goals tort law tries to balance. Chinese tort law needs to be improved because it emphasizes too much on fair responsibility, which leads to behavior actor＇s taking no risks, increases the responsibility for compensation, and restricts freedom of behavior. One of the alternative path is to learn from American tort law rules -assumption of the risk rule.