《民法典》公平责任的理解和适用探究

The Understanding and Application of the Fair Responsibility in the Civil Code

摘要: 公平责任在《民法典》中的适用条件从原来的“根据实际情况”被修改为“依照法律规定”，使得修改后的法条成为了引用性法条，这就意味着公平责任不再具有独立实用功能，因而改善了公平责任易被滥用的状况。对于修改后的公平责任规范理解的重点是“依照法律规定”中“法律”的含义，这一含义需从其狭义方面进行解读，即全国人民代表大会及其常务委员会制定的规范性法律文件。同时公平责任并非一项归责原则，而是一般法条，对公平责任的解释要运用目的解释与体系解释的法律解释方法，并在具体规范中界定其适用条件。

Abstract: Fair liability refers to the sharing of losses by both parties in accordance with legal provisions, provided that neither the victim nor the perpetrator is at fault for the occurrence of the damage. The Civil code changed the application conditions of fair liability from “according to the actual situation” to “according to the legal provisions”, making the revised articles of law become quotative articles, which means that fair liability no longer has independent and practical functions, thus improving the situation that fair liability is easy to be abused. The key point of understanding the revised norms of fair responsibility is the meaning of “law” in “in accordance with legal provisions”, which needs to be interpreted in its narrow sense, that is, the normative legal documents formulated by the National People’s Congress and its Standing Committee. Fair liability is not a principle of liability fixation, but a general law. The interpretation of fair liability should use the statutory interpretation method of purpose interpretation and system interpretation, and define its application conditions in specific norms.