一、默示立法例以英美法为代表,英国侵权法认为,普通法令雇主必须为佣人职内犯的民事侵权行为负责。当然雇主替雇员负的义务并不是无限制的,雇主的义务不超越雇员在职内犯的民事侵权行为。可见英国法是将雇主责任规制为严格责任的一种,而且从其反向推理可知,如若超越,则雇主即有追偿的可能性,但是这并没有对雇主追偿权作出明确的规定。 First, to imply that the legislation is represented by Anglo-American law. According to the Tort Law, employers in ordinary law must be held responsible for tortious acts committed by domestic helpers. Of course, the obligation of employers to pay employees is not unlimited, and the obligation of employers does not exceed the civil tort of employees in service. This shows that the UK law regulates employer responsibility as a form of strict liability. From its reverse reasoning, it is clear that employers have the possibility of recovery, but this does not make any explicit stipulations on employer recovery.