|
Compared with the own behavioral responsibility, the responsibility for others’ behavior is still an exception. However, under the development of today’s pluralistic behavioral patterns in our society, the phenomenon of expanding one’s life through other people’s behavior is so widespread, so that when damage occurs, involving the legal relationship between multiple parties, and in order to select the obligor of compensation. Gradually, the liability pattern of separation between the injurer and the obligor is formed.
From the perspective of blame theory, this article explores the justification basis for blaming others. Imputation is not only a discussion of who is responsible for the argument, but also reflects the value judgment of the law, that is, the law should be based on the intentional negligence or damage of the actor, or fairness as the value judgment. In addition, to discuss the relevant types of Vicarious Liability in Civil law. In the inference, it also affects the nature of the responsibility, and the selection of the blame principle for vicarious liability. The above tends to develop towards the principle of no-fault liability（strict liability）.
Extending to campus accident cases, when unfortunate incidents such as infringement incidents between students occur, involving multiple parties such as students, parents, teachers and schools, it is a typical type of incident that is responsible for the actions of others. Under the interpretation of current law, by expanding the constitutive elements of the liability of guardian, expand it as a vicarious liability. In addition, based on the theory of the student contract relationship, the responsibility of the school is extended through the obligation of safety protection, which can also serve as the basis for vicarious liability.
|