论定作人之责任

Exploring the responsibility of the ordering party

采用法解释学与比较研究的方法,对定作人之责任进行探讨,认为定作人责任为特殊侵权责任,定作人责任的成立要件须法律明确规定,定作人承担替代责任。承揽人有过错的,应当与定作人承担连带责任。

Using the method of scientific construction of law and comparative law to explore the responsibility of the ordering party, shows that responsibility of the ordering party shall be defined as special tort liability. The important conditions of effective liability to important conditions shall be ruled by law as well. Meanwhile, the ordering party will bear vicarious liability, if contractor has fault, and then he should take the joint liability with the ordering party together.