Vicarious liability of common law
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Abstract
Vicarious liability is a peculiar legal system in common law, and a kind of unavoidable choice. It must be confined to a certain range. Common law has a strict procedural mechanism which flexibly seeks the protection of social utility on the premise of ensuring human rights. But transplanting this system to the criminal law system of our country will cause the confusion of the concept in theory and make it difficult to implement in the judicial practice.
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