公平责任作为一项独立的补充性归责原则,其施加标准不仅要予以明确的规定,适用范围也要给予明确。司法实践中适用公平责任时应参考行为人的过错及过错程度、损害程度、当事人的经济状况、被告是否参加责任保险等几个方面。公平责任主要分为单独适用及对一般责任原则之补充使用两种情况。 As an independent and supplementary principle of imputation, impartial responsibility should not only be clearly defined, but also its scope of application should be clearly defined. In the judicial practice, the fairness of responsibility should be referred to the perpetrator’s fault and fault, the degree of damage, the economic status of the parties, whether the defendant to participate in liability insurance and so on. There are two main types of fair liability: separate application and replenishment of the general liability principle.