随着我国民主法制化进程的推进,公民的权利的保护越来越受到重视,侵权责任归责原则问题作为侵权行为法的核心问题也逐渐受到重视,学术界关于如何建立侵权行为法的规则原则体系以及具体的规则原则研究一直存在着争议。总结归纳之,学术界对此问题的研究主要有以下三种观点:一元归责原则体系说、二元归责原则体系说、三元归责原则体系说。现在对侵权行为的责任归属来看,公平责任原则是一种主流的观念,而本文主张侵权责任的归责体系应当是由无过错归责原则和过错责任原则构成的二元规则体系。 With the progress of democracy and legalization in our country, the protection of citizens’ rights is paid more and more attention. The issue of the principle of attribution of tort liability has also been paid more attention as the core issue of tort law. The academic rules on how to establish tort law There are always controversies about the system and the study of specific rules and principles. To sum up, the academic research on this issue mainly has the following three points: one yuan imputation principle system, dual imputation principle system, three yuan imputation principle system. At present, the responsibility of infringement belongs to the point of view, the principle of fair liability is a mainstream concept, but this article advocates that the system of attribution of tort liability should be a no-fault liability principle and a fault liability principle constitute a binary system of rules.