On The Vicarious Liability Of Employers

Employer vicarious liability system has been embodying the most fundamental just and modern impartial society civil law protection weak thought, has been occupying important position in modern tort law responsibility system. Our country tort responsibility follows the system of vicarious liability to the employer though stipulating that to some extent,still has quite a few problem but, causes actual judicial practice to be hit by accurate assurance difficult to. Bearing and sharing mechanism and so on vicarious liability system imputation, type, responsibility; carries out research on the employer, has comparatively important theory and practical or immediate significance.The article passes legal principle analysis and comparatively analytical method mainly, take our country tort responsibility currently in effect law as basis,the vicarious liability system has carried out comparatively systematic analysis on our country employer and has studied from four aspect.The article passes the responsibility imputation rationality and necessity having compared with analysis as well as superior or inferior, having expounded and proven our country's to pattern foreign reach fault established by our country Taiwan area deducing responsibility principle, fault deducing responsibility principle and impartial responsibility principle appearance union and nothing fault responsibility principle three kinds imputation background to adopt nothing fault. Vicarious liability in employing to servant unit vicarious liability and individual stipulating that the 34th the 35th, "tort responsibility law ", the article analyses the legislation background that the person distinguishes, point out the formulation two following as said or narrated above though in the term mounting existence difference, but be that connotation and extension differentiate to some extent only in different context, both join the nothing difference at heart. The article expounds detailedly specifically for conceptual connotation and extension such as the 34th being hit by "the servant unit ", "the staff member ", "being carrying out the mission working" has been in progress. Vicarious liability that individual stipulated by the 35th employs right away, the analysis article priority has been carried out to employer-employee relationship differentiation judging the standard, the employer-employee relationship and contracting for relation's and the duty performance firm belief expounds and proves.Employer content in three aspects about vicarious liability bearing it relating to the responsibility main body, employer's going after mainly fulfill right and relief origin of an incident. The article is consistent from right duty, benefit and risk look at and appraise the consistent angle, the delict having commented that in the employer to the employee bears this one legal relation middle paying for duty, the main body can only be an employer, but is not an employee disregarding having modeled after from the entity still having modeled after from procedure whose reparation duty. The thesis has analysed our country on going after the problem fulfilling right in the employer, realizing an employer at present pursuing a variety of difficulty fulfilling what right frontage, put forward legislation answer an employer go after repay right system making explicit regulations. In practice, go after the range fulfilling right to the employer, the fault ought to be tied in wedlock both sides agreement convention, employee ascertains that during the past concrete factors such as degree, employee's actual economy ability to pay, social influence brought about by delict. The problem is upper in relief origin of an incident, since that the employer vicarious liability basis still is the existence employing legal relation, between namely the employer and employee existence employ contractual relation, the gauge makes therefore still should accept a contract law's. That the prior escape clause namely to the delict is set mind on in principle is effective, ought to set mind on this kind of escape clause to no effect when but belonging to "contract law " two species circumstance of the 53rd regulation. Under condition such as act of Providence, justifiable defense, necessity, aggrieved party fault, since employer's counterargument origin of an incident and employee's counterargument origin of an incident are highly.Have submitted the concrete suggestion perfecting our country employer's liability insurance, have included on the article asis in analysing our country employer's liability insurance current situation:Secondary legislation go ahead working out "employer's liability insurance law",be that the employer's liability insurance putting into effect provides the law guarantee; Diversity being able to on kind, according to applicant type in insurance, carries out thin melt on danger kind; According to applicant's economy bearing capability, set up different forehead degree to be for an applicant's choosing. The regulation being able to use our country compulsory insurance system for reference at the same time, adopts compel policy to be going to insure against employer's liability insurance being brought into the legal duty giving birth to a child and serving, to promote the public to the employer's liability insurance cognition degree and beneficial to owing item insurance system temporal extension moderately.