《侵权责任法》第35条前半段“个人之间形成劳务关系,提供劳务一方因劳务造成他人损害的,由接受劳务一方承担侵权责任”之规定被学界称为自然人雇主替代责任。那么,该法条之文义表达是否意味着在所有的自然人劳务关系中,提供劳务方致他人损害的,接受劳务方均有承担雇主替代责任的可能?对此,司法裁判者存有困惑。笔者认为,对该问题的解答,首要讨论的是与自然人雇主替代责任承担 The first half of Article 35 of the Tort Liability Law stipulates that the stipulation that the party responsible for infringement should be borne by the party receiving the service because of the labor service relationship between the individuals and the provision of labor services to one party for the damage caused by the labor service is called substitutable liability of the employer of the natural person. So, does the legal expression of the law imply that in all the labor relations of natural persons, if the laborers provide damages to others, the acceptance of laborers may assume the employer’s alternative liability. In this regard, the judicial adjudicators are confused. The author believes that the answer to this question, the primary discussion is that the employer of natural persons to replace the responsibility to assume