转承责任具体形态研究

A Probe into the Specific Forms of Vicarious Liability

转承责任制度在各国民法典中虽仅有几个条文,但它却体现了人类对安全和正义的渴望,适应了现代社会的需求,日益为各国所重视。对转承责任具体形态的研究,首先应分析转承责任中的法律关系,然后再依照行为人和责任人相分离的原则,确定转承责任所包含的具体形态,最后以转承责任基础关系为起点,将转承责任归纳为法定代理人转承责任和使用人转承责任,并对这两种转承责任的具体形态进行详细论述。

Though there are only a few items about vicarious liability in every country's civil law books, it embodies human beings' thirst for security and justice. It suits the requirement of the modern society, and is drawing greater and greater attention from every country. In order to study the specific forms of vicarious liability, we must analyze the legal relationship in the vicarious liability. Then we can confirm the specific forms included in the vicarious liability according to the principle of separating the guilty party from the person responsible. Finally, the vicarious liability can be divided into the liability of legal representative and that of the employer on the basis of the basic vicarious relationship.