受雇人“执行职务”范围之认定

现代社会雇佣他人从事工作已经成为常态,受雇人执行职务致人损害由雇主承担责任。雇主责任构成要件要求造成他人损害的行为是受雇人从事雇佣活动的行为或者说是受雇人执行职务的行为。关于执行职务范围的认定以与执行职务具有内在关联性作为一般的判断标准,对于一些介于执行职务与个人行为的边缘行为的认定应结合案情、内在关联性标准,雇主可预见性标准等多项标准予以认定,同时应坚持正确的价值取向作出合理的认定,确立责任的归属。

The Judgment of The Scope of Employment

The responsibility of employer has been accepted universally by many Countries in civic law.Covering the responsibility of employer should have the following fact as its premise: employee's professional act must cover the duty of rights violation.It also should take the labor relation between the act agent of direct rights violation and responsibility coverers.The act of endangering others ought to be defined as the act of employment by an employee or in other words,as the act of employee's profession.Such ...