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我国现行《民法通则》未对雇主责任作出明文规定,而《侵权责任法》及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现实生活中的案例,因此有必要确立独立的雇主责任法律制度。文章主要分析了雇主责任概念及构成要件,从而能更好在实践中确定雇主侵权应承担的法律后果,提出自已的看法。
The current “General Principles of Civil Law” in our country does not make explicit provisions on the responsibilities of employers. However, due to the particularity and limitations of subjects and behaviors, Tort Law and related legal norms are difficult to apply to real life cases. Therefore, it is necessary to establish an independent Employer Responsibility Legal System. The article mainly analyzes the concept of employer responsibility and its constituent elements so as to better determine the legal consequences that employers should bear in practice and put forward their own views.