试论我国目前经济状态下的雇主责任

Try to Talk About Employer Responsibility Under Nowaday Economic State in our Country

雇主责任也称替代责任,替代责任是一种无过错责任,雇员只要在雇用范围内实施了侵权行为,雇主即要对受害人承担赔偿责任,不问雇主是否有过错。大陆法中的雇主责任,有的国家采用过错推定责任,有的国家采用无过错责任。无过错责任原则合乎世界民法之潮流,应当为我国未来民法典所借鉴。

Employer responsibility or another saying ＂responsibility of substituting＂, it is a kind of unblamable responsibility. As only as employees implemented the tort in employing range, the employer should bear compensation responsibility for the victim promptly and does not ask whether the employer has fault. In employer responsibility of the continent law, some countries adopt the way of inferring responsibility; some countries choose the measure of unblamable responsibility. Un blamable responsibility principle is more conform with world trend of civil law , and should be drawn lessons from by future codes of the people of our country.