刑事案件中,雇员在从事雇佣活动中遭受故意伤害致死,根据《最高人民法院人身损害赔偿司法解释的理解与适用》第十一条,应当承担刑事附带民事的赔偿责任,该责任的归责原则为无过错责任,其性质属于不真正连带债务。雇主承担刑事附带民事赔偿责任后,雇主作为终局责任人,可以向第三人(被告人)追偿。 In criminal cases, employees who have been deliberately injured in engaging in employment activities, are liable to compensation for criminal incidental civil liability in accordance with Article 11 of “Understanding and Application of Judicial Interpretation of Personal Injury Compensation of the Supreme People’s Court”, and the principle of liability for such responsibility As a faultless liability, the nature of which is not real joint and several liability. After the employer assumes criminal liability for civil compensation, the employer, as the ultimate responsible party, may recover from the third party (defendant).