关于公平责任原则的思考

侵权行为法归责原则体系由过错责任原则和无过错责任原则构成,公平责任原则由于其自身的局限性,不应上升为侵权行为法的归责原则。但我国民法的公平原则在侵权行为法中起着重要作用。在过错责任原则和无过错责任原则的适用中,以及在损害后果的具体分担上,都充分体现着公平原则的社会功能。

Thinking on Principles of Fair Liability

The system of bearing responsibility of tort law consists of principles of fault liability and principles of faultless liability. Principles of fair liability should not become the principle of bearing responsibility of tort law because of its restriction. Principles of fair liability of civil law of our country plays a very important role in tort law, and it shows social function of principle of fairness in the application of principles of fault liability and principles of faultless liability, and in partaking the aftereffect of damages.