《侵权责任法》确定的归责原则有哪些？What are the principles of liability determined by the Tort Liability Law?
答：(1)过错责任原则。《侵权责任法》第6条第1款规定：“ 行为人因过错侵害他人民事权益，应当承担侵权责任。”这就是说，造成损害是否要承担赔偿责任，要看行为人是否有过错，有过错有责任，无过错就无责任。承担过错责任要满足三个条件：一是行为人实施了某一行为。这里的“行为”包括作为和不作为;二是行为人有过错。这里的“过错”包括故意和过失;三是受害人的民事权益受到损害。
(2)过错推定责任原则。《侵权责任法》第6条第2款规定：“根据法律规定推定行为人有过错，行为人不能证明自己没有过错的，应当承担侵权责任。”过错推定实质上就是从侵害事实中推定行为人有过错，免除了受害人对过错的举证责任，加重了行为人的证明责任，行为人不能证明自己没有过错的，就要承担责任。过错推定责任是对行为人的一种较重的责任，不宜被滥用，要由法律对适用范围作严格限定。例如对机动车交通事故责任的认定，就采用过错推定责任。
(3)无过错责任原则。《侵权责任法》第7条规定：“行为人损害他人民事权益，不论行为人有无过错，法律规定应当承担侵权责任的，依照其规定。”如法院在审理环境污染的案件中，法官在判断被告应否承担侵权责任时，只要查明污染者的行为与损害之间有因果关系，不论污染者有没有过错，即可适用无过错原则判决污染者承担责任。
Answer: (1) Principle of fault liability. Article 6, Paragraph 1 of the Tort Liability Law stipulates: "If the perpetrator infringes upon the civil rights and interests of others due to fault, they shall bear tort liability." This means that whether the perpetrator should bear compensation liability for the damage caused depends on whether the perpetrator is at fault. If there is fault, there is responsibility, and if there is no fault, there is no responsibility. To assume fault liability, three conditions must be met: first, the actor has committed a certain act. The term "behavior" here includes both action and inaction; The second is that the perpetrator is at fault. The term "fault" here includes intent and negligence; Thirdly, the civil rights and interests of the victim are harmed.
(2) The principle of presumption of fault liability. Article 6, Paragraph 2 of the Tort Liability Law stipulates: "If the actor is presumed to be at fault according to legal provisions, and the actor cannot prove that he is not at fault, he shall bear tort liability." The presumption of fault essentially infers that the actor is at fault from the facts of infringement, exempting the victim from the burden of proof of fault and increasing the burden of proof on the actor. If the actor cannot prove that he is not at fault, he shall bear liability. The presumption of fault liability is a heavier responsibility towards the perpetrator and should not be abused. The scope of application should be strictly limited by law. For example, the determination of liability for motor vehicle traffic accidents adopts the presumption of fault liability.
(3) The principle of no fault liability. Article 7 of the Tort Liability Law stipulates: "If the perpetrator harms the civil rights and interests of others, regardless of whether the perpetrator is at fault or not, the law stipulates that they should bear tort liability in accordance with its provisions." For example, in the trial of environmental pollution cases, if the judge determines whether the defendant should bear tort liability, as long as it is found that there is a causal relationship between the behavior of the polluter and the damage, regardless of whether the polluter is at fault or not, the principle of no fault can be applied to judge the polluter to bear liability.