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过失责任原则是侵权行为法中的基础性原则。其起源要追溯到12世纪至13世纪英国普通法的形成时期。13世纪初出现的侵害令状和14世纪下半期设立的间接侵害令状与侵权行为法关系密切。侵害令状是以暴力的形式造成直接的损害结果为特征,调整的是不特定法律主体间的责任义务关系。在侵害令状中,通常认为体现了一种结果责任,即损害结果本身就已足以对被告的行为作出否定性的评价,似乎与过失的有无毫无关联,但在某些情况下,侵害令状中也存在过失的有无问
The principle of fault liability is the basic principle in tort law. Its origins date back to the formation of common law in England from the 12th to the 13th centuries. The writ of infringement at the beginning of the thirteenth century and the law of indirect infringement established in the second half of the fourteenth century were closely related to the law of tort. The infringement order is characterized by the direct result of the damage in the form of violence, and the adjustment is not the responsibility and obligation relationship between legal subjects. In the case of an infringement order, it is generally assumed that a consequential liability is embodied in the fact that the result of the damage itself suffices to make a negative assessment of the defendant’s conduct and appears to have no connection with the existence of the fault, but in some cases, There is also the existence of negligence in the question