侵权责任是民法中的重要问题,随着社会的发展,人们权益意识的增强,侵权责任越来越受到关注,但其中的漏洞也愈加凸显出来。本文通过对具体案情的分析,对侵权案件、侵权责任承担问题、基于案件对法官自由裁量权的思考等内容做了详尽的分析,旨在提出建议,弥补侵权责任承担中的立法空白,规范侵权责任承担中法官自由裁量权的运用。 Tort liability is an important issue in civil law. With the development of society, people’s awareness of rights and interests is increasing, and tort liability is getting more and more attention. However, the loopholes therein also become more prominent. Based on the analysis of specific cases, this article analyzes the cases of infringement, the assumption of tort liability and the consideration of the judge’s discretion based on the case, aiming to make suggestions to make up for the legislative gaps in the tort liability and regulate the infringement The Application of Judges’ Discretion in the Undertaking of Liability.