版权侵权的归责原则历来有一元归责论和二元归责论两种学说,其中持二元归责论的学者也有观点的分歧。笔者通过对无过错原则的设立本旨、功能缺陷等方面的分析,得出我国版权侵权的归责原则应采一般过错与过错推定相结合的一元模式的结论,这既不同于传统的一元归责论,也有别于二元归责论,可以称之为新一元归责论。笔者还以网络服务提供者的版权侵权责任为例,对一般过错与过错推定相结合的具体模式提出了自己的观点,即应采综合权利人选择说和法定说的折衷。 The principle of attribution of copyright infringement has always been the theory of one-yuan attributionism and dualism of two doctrines, of which two yuan attributionism scholars also have different opinions. Through the analysis of the principle of establishment of fault-free principles and functional defects, the author concludes that the principle of attribution of copyright infringement in our country should adopt the combination of general fault and fault presumption, which is different from the traditional one-yuan imputation On the other hand, it is also different from the dualistic theory of accountability, which can be called the new one yuan attributionism. The author also takes the liability of copyright infringement of internet service providers as an example, and puts forward his own view on the concrete mode of combining general fault and fault presumption.