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当今社会,雇佣劳动在经济生活中大量出现,雇员因执行职务而侵害他人权益或自身权益受到损害的事情也经常随之发生。如何规制雇主、雇员和第三人之间的关系,以推动经济社会的良好发展,已成为我国法律界面对的一大课题。2009年12月《侵权责任法》的颁布使得长期对雇主责任归责问题的争论告一段落。本文在介绍雇主责任及相关概念的基础上,对雇主责任的构成要件进行了分析,最后结合《侵权责任法》的相关规定论述了雇主责任的归责原则。
In today’s society, wage labor often appears in economic life, employees often violate the rights and interests of others or their own rights and interests are harmed because of their duties. How to regulate the relations between employers, employees and third parties so as to promote sound economic and social development has become a major issue facing the legal interface of our country. December 2009 “Tort Liability Act” promulgated the long-term responsibility of employers blamed the debate over the come to an end. Based on the introduction of employer responsibility and related concepts, this paper analyzes the constitutional requirements of employer responsibility, and finally discusses the principle of liability of employer with the relevant provisions of “Tort Liability Act.”