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法律的本质要求之一是立法者在遵循法的基本精神及立法原则的基础上,使法律不断适应时代发展与社会变化的要求,在良性轨道下不断演进,以实现维护公平与正义的价值目标。因此,对现行法律的不合理之处,应勇于批判指正,使现实法能够及时完善。本文正是基于这种理念,对侵权行为法中历来存在诸多争议的公平责任归责原则展开相关论述。对公平责任原则所持基本立场是从根本上否定其存在基础及现实价值。
On the basis of following the basic spirit of the law and the principle of legislation, the legislator, on the basis of following the basic spirit of the law and the principle of legislation, constantly adapts the law to the requirements of the development of the times and social changes and continuously moves forward under the virtuous orbit in order to realize the value goal of safeguarding fairness and justice . Therefore, the unreasonableness of the current law should be boldly criticized and corrected so that the real law can be promptly perfected. Based on this concept, this article discusses the principle of fair liability, which has always existed in the tort law. The basic position held by the principle of fair responsibility is to fundamentally deny its existence foundation and its actual value.