《人身损害赔偿法司法解释》第九条第一款对雇员在执行雇佣活动时致人损害的责任有了明确规定。针对此规定,学界也展开对雇主责任究竟是连带责任还是替代责任的大讨论。文章以此为切入点,探讨雇主责任的性质,为日后继续研究雇主责任的相关法律问题奠定基础。 The first paragraph of Article 9 of the Judicial Interpretation of the Personal Injury Compensation Law clearly stipulates the responsibility of employees for causing injury when they perform their employment activities. In response to this requirement, the academic community also launched a debate on whether the employer’s liability is joint liability or alternative liability. As an entry point, the article explores the nature of the employer’s responsibility and lays the foundation for continuing to study the legal issues related to the employer’s responsibility in the future.