一、过失责任原则的缺陷过失责任原则源于罗马法，其基本含义为，加害人对其有过错的行为（包括故意和过失）承担民事责任，即主张“无过失即无责任”。由于过失责任原则能促使个入活动不必因顾及赔偿问题而处处谨小慎微，从而有利于企业的活动和经济的发展，而深受自然法学派 First, the fault of the principle of fault liability The principle of fault liability from the Roman law, its basic meaning is that the perpetrator of its fault behavior (including intentional and negligence) bear civil liability, that advocate “no fault without responsibility.” Due to the principle of negligence of liability, it can promote the activities of individuals into activities without being cautious in consideration of the problems of compensation, which is conducive to the activities of enterprises and the development of economy. However,