论雇佣人无过错责任

雇佣人的侵权责任是以雇佣关系为前提的一种侵权责任。中国现行《民法通则》未对其做出明文规定,相关的法律规范由于主体和行为的特定性和局限性也难以适用于实际生活中的许多案件类型。从雇佣人侵权责任的归责原则、构成要件进行了论述,并提出了立法建议,希冀对中国雇主责任法律制度的完善有所裨益。

On principle of liability without fault of employees

The liability for tort of hiring people is a kind of liability based on employer-employee relationship.In our country,the civil law has not expressed regulations to it,and because of subject and behavior getting specific and limitations,it is too difficult to apply relevant legal norms in a lot of cases of actual life.From the point of doctrine of liability fixation and constitutive requirments,the author puts forward his own legislation suggestions,and hopes that it is beneficial for the perfection of the legal system of employer's responsibility of our country.