On The Basis Of Vicarious Liability In Public Law

The basis of vicarious liability in public law has two layers of meaning:firstly, the basis of its presence; secondly, the basis of its intensity. This thesis works on the basis of vicarious liability in public law, and puts forward dual basis theory.Different from traditional ideas, vicarious liability is merely a mechanism. Vicarious liability is widely used in public law. Government Compensation for Crime Victim,Environmental Damage and Traffic Accident are vicarious liability. The vast majority of State Compensation and corporate criminal liability are vicarious liability.There are three important characteristics of vicarious liability in public law. Firstly, the responsible man is different from the actor. Secondly, it is negative effect in nature. In grasp of these two characteristics, we are able to indentify vicarious liability in public law from many things. Thirdly, the accepted compensation vicarious liability in public law is governmental liability.So far as this topic is concerned, there has been no work devoted. In spite of this, there are some important theories on this topic, such as Danger Liability Theory,Domination Theory,Information Theory,Supervision Theory and Mixed Policy Theory. Each of them is of great significance, and suffers many defects。This thesis puts forward dual basis theory, which views vicarious liability in public law as an application of incentive theory. In detail, views vicarious liability in public law is based on two factors. Firstly, extract supervision duty; secondly, dominance over the actor.In spite of imperfection, dual basis theory is consistent with both incentive theory and Kant moral tradition, and helps to solve many problems about the liability. For example, dual basis theory helps to identify the concept, judge the specific form, establish the constitution, limit the scope and determine the intensity.