使用人追偿权,又称用人者追偿权,是指被使用人因自己的过错行为致人损害而由使用人承担替代责任,使用人承担了赔偿责任后,取得向有过错的被使用人追偿的权利。~([1])我国《侵权责任法》第34条、第35条分别规定了用人单位替代责任和个人劳务替代责任,解决了使用人外部责任承担问题,但是未对使用人承担替代责任后对被使用人追偿权进行规定。由于法律规定的缺失,并且立法机关最终也未给出相应的解释,这就导致了司法实 The user right to recover, also known as the user right to recover, refers to the user for their own fault caused by the damage caused by the user to assume alternative liability, the user assumed the liability for compensation, to obtain the fault of the user recovery s right. Article 34 and 35 of China’s Law of Torts of Liability stipulate the replacement liability of the employer and the replacement of personal labor separately, and solve the problem of the external responsibility of the user, but without assuming the replacement liability to the user The right to be recovered by the user provisions. Due to the lack of legal provisions, and ultimately the legislature did not give the corresponding explanation, which led to the judicial practice