雇主责任制度在我国现阶段的立法中并没有明确规定,相关的规定也仅在最高人民法院的司法解释中出现,而且其规定也较为原则。因此,在司法实践中带来了一定的适用难度。本文通过对雇主责任的性质、法理基础、归责原则、构成要件等的论述,以期能对构筑和完善我国现代社会的雇主责任制度有所裨益。 The system of employer responsibility is not clearly stipulated in the legislation at the current stage in our country. The relevant provisions only appear in the judicial interpretation of the Supreme People's Court and its provisions are also more principle. Therefore, it brings some difficulties in judicial practice. Through the discussion of the nature of the employer's responsibility, the legal basis, the principle of liability, the constitutional requirements and so on, this article is of great benefit to the employer's responsibility system in the modern society.