雇主责任构成要件

Constituent Elements of Vicarious Liability

雇主责任作为一种特殊侵权责任已为各国、地区立法所认同,但在认定雇主责任时需对其三个构成要件进行深入分析才能准确适用雇主责任制度。

As a special tort liability, vicarious liability has been acknowledged by many legislative bodies in all countries （regions）. However, the definition of employer liability takes a thorough analysis to its three constituent elements, that is, only all the three constituent elements exist in vicarious liability, can it be accurately applied to employer liability system.