Abstract: The doctrine of liability fixation about the first infringer of intellectual property right's civil liablility has always been the focus of discussion in theory field. The mdthods of bearing civil liability should be divided into two ways based of the right of the real claim and the right of the creditor's claim damages, the doctrine of liability fixation belongs to the liability for damage, the soctrine of liability fixation of the first infringer of intellectual property right should be the doctrine of presumptive wrongs.