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On The Employer's Liability

Posted on:2005-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:W YanFull Text:PDF
GTID:2156360122498285Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The adjustmental scope of employer's liability is very narrow in our country's legislation and general jurisprudence.There is distinct difference to the doctrine of liability fixation.It has not been discused deeply about the determination to the employment relationship and the course of employment.Through the distinguishment of employer's liability from corporate's liability ,the adjustmental scope of employer's liability is been defined:the liability of all artificial persons,other organizations and natural persons.From the historical development of employer's liability,we can conclude that this legal system is based on the protection of the interest of weakling and the parity of power and responsibility,and that it is rational to bear the responsibility without fault for employer.The employment relationship includes the nongratuitous and gratuitous acts beyond the meaning of "employment"which is used generally.It has being debated that for which acts of employee the employer should bear liability.The new element of liability --"employee connection"is established after the traditional element has been abandoned.We could make the connection of employment and delict as the foundation of determination to the employer's liability.
Keywords/Search Tags:employer's liability, employer, employee, the doctrine of liability fixation, employment, employee connection
PDF Full Text Request
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