替代责任适用范围之考量

替代责任是侵权责任形态的一项重要内容,是相对于自己责任而言的。替代责任作为侵权行为法责任自负原则的一项例外,在各国得以确立和发展。但各国对于替代责任的概念以及适用范围并没有达成共识,本文通过阐述替代责任的概念、特征、理论基础,进而界定了替代责任适用范围。

Study on the Scope of Vicarious Liability

Vicarious liability is an important part of the theory of the shapes of tortuous liability,compared to the personal liability.It is an exception of the rationale that one should undertake the responsibility for his act of infringement.It has been established and developed in many countries.But not all get consensus on its concept and the scope.This paper will discuss its concept and characteristics,theoretical basis,then define the scope of vicarious responsibility.