绝对权侵权责任归责原则体系及其责任承担

传统的侵权责任认定标准是以过错责任原则为基础的归责原则体系指导下的四要件说,然而,这一认定标准在法理和司法实践中似有不妥之处,尤其是对于绝对权利而言。通过对绝对权利的法理分析,建议引入无损害结果的无过错责任原则,作为弥补传统认定标准之不足的有效措施,从而使整个侵权归责原则体系臻于完善。

System of Imputation Principles of Infringement Liability for Absolute Right And its Liability Undertaking

The infringement is one of the important legal actions that caused civil liability.As one of civil liabilities,infringement liability has its special provable principle.while,the traditional provable principle of infringement liability is consisted of four parts that guided by the liability system based on the fault liability.However,there may be something wrong about it,especially for the absolute right.This article tries to definite the argument about the traditional liability system by analyzing the absolute right and the infringement.It also suggest to bring in the liability without fault and damage as a good way to make the system completeness.So the new system may play a positive role in protecting the right to some more great.