随着市场经济的日益发展,在社会经济生活中,各种雇佣劳动方式相继出现。在该劳动方式中,雇主与雇员之间雇佣劳动关系的缔结与终止由合同法调整;如果雇员在受雇期间从事职务活动,给他人造成人身或财产损害时,则由侵权行为法调整。但是,对于此种情形的民事赔偿责任应当由谁来承担,学理上尚有不同主张,审判实践中做法也不一。本文试图就此作一探究,以求赐教。 With the growing market economy, various types of wage labor have emerged in the social and economic life. In this mode of labor, the conclusion and termination of the employment relationship between the employer and the employee is regulated by the contract law; if the employee engages in his or her position during the employment and causes personal or property damage to others, it is adjusted by the tort law. However, who should bear the civil liability for compensation in such a situation? There are still different opinions in theory and different approaches in trial practice. This article attempts to explore this in order to enlighten me.