通说认为我国民事侵权实行的是过错责任原则,法律对出版者负有的“合理注意义务”作了明确规定,但给人以对出版者要求过严,对其审查能力要求过高的感觉。通常有4种情况被认为没有尽到“合理注意义务”。司法实践中,事实上实行的是无过错责任原则,因此,法院对出版者“合理注意义务”的审查就变得无关紧要,也免除了当事人对这一问题的诉争。 General said that the principle of fault liability is implemented in China’s civil infringement. The law clearly stipulates the “reasonable care obligations” possessed by the publisher, but gives the impression that the requirements of the publisher are too strict and its examination ability is too high . There are usually four situations that are thought to have failed to do “reasonable care”. In judicial practice, the principle of no-fault liability is practically implemented. Therefore, the court’s examination of the publisher’s “reasonable duty of care” becomes irrelevant and the parties are dismissed from this issue.