在现代,侵权法归责原则大体上分为两类:一类是主观归责原则,即以行为人的主观意志状态作为确定责任归属的根据。具体说,就是以当事人主观上的过错为构成责任归属的必要条件,有过错始有责任,无过错即无责任。这称为过错责任原则。另一类是客观归责原则,即以行为人的意志以外的某种客观事实作为确定责任归属的依据。 In modern times, the principle of attribution of tort law can be roughly divided into two categories: one is the principle of subjective imputation, that is, the actor's subjective will as the basis for determining the attribution of responsibility. Specifically, it is based on the subjective fault of the parties constituting the necessary conditions for the attribution of responsibility, there is a fault before the responsibility, no fault that is not responsible. This is called the principle of fault liability. The other is the principle of objective imputation, that is, the behavior of an objective fact beyond the will of the people as the basis for determining the attribution of responsibility.