论文部分内容阅读
我国《侵权责任法》明文规定雇佣人承担受雇人造成的他人人身和财产损害,但对于雇佣人承担责任后是否可向受雇人追偿其所受之损害并没有明确的规定,《人身损害赔偿司法解释》第九条第一款规定受雇人因故意或重大过失造成他人人身损害的,雇佣人有追偿的权利。但在实务中,雇主在承担雇员造成的财产损失后,向人民法院请求由雇员赔偿自己的损失,支持雇主追偿权的情形不在少数,但该类型判决并没有明确的法律依据,说服力不强,败诉一方大多不服判决而提起上诉,另一部分法官为避免上诉案件的增多否认了雇主的追偿权,由此造成同类案件判决结果不一的情形。
China’s “Tort Liability Law” explicitly stipulates that the servant shall assume the personal and property damage caused by the servant, but there is no clear stipulation whether the employer can recover the damage suffered by the servant after assuming the responsibility of the servant. "Personal injury Article 9, Clause 1 of the Judicial Interpretation of Compensation, stipulates that the servant has the right to recover damages if the servant causes personal injury to others due to his intentional or gross negligence. However, in practice, the employer, after assuming the employee’s property damage, requested the people’s court to compensate the employee for his own losses and support the employer’s right of recovery. However, there is no clear legal basis for this type of decision and his persuasiveness is not strong . Most unsuccessful parties appealed against the verdict and the other judges denied the employer’s right of recovery in order to avoid the increase of appeals. As a result, the judgments of similar cases were mixed.