民法典正在制定当中,而其中的侵权行为篇则成为当下最急迫的部分。本文讨论了侵权行为法的最基础的问题——归责原则,希望能为细节问题的研究打下基础。本文从整个归责体系入手,最终将焦点会聚于关于公平责任原则的讨论上来,通过分析各家之言,得出了支持公平责任原则的结论,并对立法的完善提出了相关的建议。 The civil code is in the process of being drafted, and the articles on tort will become the most urgent part of the day. This article discusses the most basic issue of tort law, the principle of attribution, and hopes to lay the foundation for the study of details. Starting with the system of imputation, this article will eventually focus on the discussion of the principle of fair responsibility. By analyzing each statement, we draw the conclusion that the principle of fair responsibility should be supported and put forward relevant suggestions on the improvement of legislation.