The principle of tort liability imputation stipulated in the tort liability series of the Civil Code does not include the principle of special liability. The principle of imputation of tort refers to what standards and principles are used to determine the tort liability of the actor when his behavior causes damage to others. The principle of imputation of tort is the core of tort law, which determines the classification of tort, the constitutive elements of tort liability, the burden of burden of proof, exemption and other important contents. It is not only the basic basis for determining the composition of infringement and handling infringement disputes, but also a guide for guiding infringement damages. The imputation principles of tort in China mainly include fault liability principle, no-fault liability principle, fault presumption principle and fair liability principle.

The principle of fault liability includes the following two points:

1, with the fault of the actor as the constitutive requirements of tort liability, that is, the actor has intention or negligence;

2. Take the fault degree of the actor as the basis of the form and scope of tort liability. That is, not only the fault of the actor, but also the fault of the victim and the third party should be considered, and the loss should be shared according to the fault degree of all parties. The principle of fault liability adopts the proof mode of "who advocates and gives evidence".

The principle of presumption of fault, also known as presumption of fault, refers to that in tort law, if the victim can prove that there is a causal relationship between the illegal act and the damage fact in the lawsuit, and if the injurer cannot prove that he is not at fault for the occurrence of the damage, then the defendant is presumed to be at fault in the act that caused the damage and material loss from the damage fact itself, and shall be liable for compensation.

Article 164 of the Civil Law of People's Republic of China (PRC) stipulates the civil relations arising from the infringement of civil rights and interests.

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.