公平责任原则由来已久,在漫长的历史发展进程中,公平责任原则发挥了积极的作用,但随着社会的发展,它的弊端也逐步显现。本文在对公平责任原则利弊分析的基础上,以以人为本思想为指导,提出以社会灾害救助制度替代公平责任原则的设想,完善我国侵权行为归责原则的体系。 The principle of fair responsibility has existed for a long time. In the long process of historical development, the principle of fair responsibility has played a positive role. However, with the development of society, its drawbacks have gradually emerged. Based on the analysis of the pros and cons of the principle of fair liability, this article, based on the people-oriented thinking, puts forward the assumption of replacing the principle of fair responsibility with the social disaster relief system and the system of perfecting the principle of attribution of tort in China.