一般侵权责任以过错为归责原则,过错形态分为故意和过失,实践中对于故意的过错,因行为的显现,往往易于把握。而行为人之过错表现为过失时,行为人的主观活动状态,不显于外部,难于判断。本文就过失形态这一侵权责任法中最常见的过错形态之判断发表自己的观点。 The general tort liability is based on the principle of fault, the fault pattern is divided into intentionality and negligence, and in practice, the intentional fault is often easily grasped due to the appearance of behavior. When the perpetrator’s fault is manifested as fault, the perpetrator’s subjective activity state is not obvious to the outside and difficult to judge. This article gives my own opinion on the judgment of the most common form of fault in Tort Law.