论雇主责任过错推定原则的合理性

雇佣是现代社会的一个普遍现象。受雇人因执行一定的职务不法侵害他人权益时，如何规制其雇主的损害赔偿责任是法律上的一个重要的课题。无论从构成要件的认定，还是从责任承担的安排上，均可推导出雇主责任过错推定原则的合理性。我国未来的侵权责任法宜明确规定雇主责任为过错推定原则。

On the Rationality of the Principle of Presumptive Fault Liability of Employers

Employment is a prevalent phenomenon in modem society. It has been an important legal topic how to regulate the employer＇ s liability for damage caused by the employee when he implements the duty for his employer. The rationality of the principle of presumptive fault liability of employers can be deduced from the determination of the constitutive requirements as well as the arrangement of liability bearing. It is suitable for the future law of tort liability to confirm the principle of presumptive fault liability of employers.