关于雇主责任归责原则的探讨

在雇主责任制度中,雇主责任应采取何种归责原则不仅是一个非常重要的理论问题,而且在我国理论界仍存在很大争议。我国雇主责任的归责原则可以借鉴英美法严格责任的做法,实行不考虑雇主对其雇员的职务致害行为有无过错,但仍以雇员的过错为基础,比过错责任更为严格的严格责任原则,

Probing into the Attributed Responsibility Principle for Employers

In employer liability system,the employer should take responsibility for what imputation principle is not only a very important theoretical issues, but still much controversy.The Chinese attributed responsibility principle for employers can learn from American and French strict liability principle,in which no consideration is taken into for emyloyers' fault in causing hurt to employees' position and it is much stricter than fault responsibility.