Font Size: a A A

On The Vicarious Liability Of Empioyers

Posted on:2004-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YinFull Text:PDF
GTID:2156360095952295Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the development of market economy, wage labor has turned to be a very common social phenomenon. Thus, conflicts due to the physical injure caused by the employees implementing their jobs have been increased gradually. The current GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA has relevant stipulations only on liabilities burdened by the legal person for the personal injure caused by its employees. As to the injure to the third person caused by the employees in wage labor relations, the GENERAL PRINCIPLES OF THE CIVIL LAW has no regulations yet. Consulting the foreign experience of legislation, it has been a legislative trend to establish the system of vicarious liability of employers. This discourse, attempts to deepen the discussion through the comprehensive analysis on foreign legislative examples and thoughts about systems of vicarious liability of employers, as well as the combination of our county' s present legislative and judicial situations.Firstly, this discourse defines the concept of vicarious liability of employers ; clarifies the characteristics of thissystem by comparison with other systems and describes the theoretical basis in stress.Secondly, this discourse brings forward that, the principle adjusting the vicarious liability of employers shall a combination of doctrine of tort liability under the standard liability' s direction and doctrine of no-fault liability. As a special kind of tort liability, the special assuming ways, excuses of exemption and extinctive prescription of the vicarious liability of employers are also analyzed in this discourse. Besides, concrete legislative suggestions are raised, focusing on the disadvantages in establishments of our country' s system of employers' vicarious liability.
Keywords/Search Tags:vicarious liability of employers, engagement relations, standard liability, presumptive tort, liability without fault.
PDF Full Text Request
Related items