关键词: 公平责任, 《民法典》, 损失分担, 无过错责任, 公平责任的限制

Abstract: According to the Tort Liability Law of the People's Republic of China, the loss can be, with concrete situation considered, shared by both actors and victims if neither of the party is to blame for it. This provision gives judges greater discretion in the form of general clauses, which leads to the abuse of the principle of fair responsibility and makes fair responsibility no longer fair. Article 1186 of the Civil Code amends the provisions of the principle of fair responsibility, adopting the same principle as in other civil law countries, and clarifies that the nature of the principle of fair responsibility is only the rule of sharing of losses between the perpetrator and the victim, not the principle of imputation. The amendments restrict the application of fair liability to occasions when an injury is caused by an emergency escape from danger,and when a person with full civil capacity causes injury to another during a temporary episode of unawareness of his/her own actions or loss of control, and when the owner shall bear tort liability in the event of damages of others caused by littering by unidentified tortfeasor, so that the fair responsibility is no longer abused.

Key words: fair responsibility, the civil code, loss apportionment, liability with no fault, limitation of fair liability