On the Vicarious Liability’s Liability-imposing Principles and Composition of Essential Elements
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    Abstract:

    A compound liabilityimposing principle is applied in a vicarious liability: most of vicarious liabilities of the liability bearers take nofault liabilityimposing principles; the application of liabilityimposing principles is decided in light of the specific infringing circumstances when deciding whether the tortfeasor’s infringement is a tort or not The compound feature of the liabilityimposing principle results in the duality feature of the composition of a vicarious liability’s essential elements The elements of the liability bearer’s vicarious liability include a certain basic relation between the liability bearer and the tortfeasor, the tortfeasor`s position controlled by the basic relation when infringing upon others and the tort establishment of tortfeasor`s infringements The elements of whether the tortfeasor`s tort is established or not are decided by the applied liabilityimposing principles according to different circumstances

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杨署东.转承责任归责原则的复合性和构成要件的二重性[J].重庆大学学报社会科学版,2008,14(6):96~101

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