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在第三人侵权致雇员损害的法律关系中,雇员对雇主和第三人所享有的请求权是两个相互独立的请求权,不同于一般的请求权竞合。雇员基于雇主和第三人不同的原因行为偶然结合所导致的损害提起诉讼情形,符合诉讼法之普通共同诉讼之构成要件。当事人既可以分别起诉,也可以同时起诉,还可以只起诉其中之一。雇主在承担赔偿责任后,对于超出自己责任范围的赔偿可以向第三人追偿。
In the legal relationship of employee infringement caused by the third person infringement, the claim of the employee to the employer and the third party is two independent right of claim, different from the common right of claim. Employee based on accidental combination of the causes of the damage caused by the employer and the third party due to the lawsuit, in line with procedural law ordinary common litigation elements. The parties can sue separately and simultaneously, and they can sue only one of them. After the employer has assumed the liability for compensation, the employer may claim compensation from the third party for compensation beyond his own responsibility.