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雇主对于雇员致人损害的赔偿责任是民法理论中颇受争议的问题,各国立法对雇主责任的规定也存在差异。我国《民法通则》对雇主就其雇员的行为所承担的法律责任未作规定,因此对于雇员致人损害的赔偿责任的规定一直是实务界的难题。《人身损害赔偿解释》首次对雇主责任加以确认。本文主要通过对两则实例的解读和分析,结合相关的民法理论,旨在探讨对该条司法解释的理解和适用。
Employers 'liability for damages caused by employees is a controversial issue in the civil law theory. There are also differences in the provisions of the national legislation on employers' liability. China's “General Principles of Civil Law” does not provide any legal liability to employers for the behavior of their employees. Therefore, the provisions on liability for injury caused by employees have always been a challenge for practitioners. The “Personal Injury Compensation Interpretation” confirms the employer's responsibility for the first time. This article mainly through the two examples of interpretation and analysis, combined with the relevant civil law theory, to explore the interpretation and application of judicial interpretation.