The Legal Analysis About Vicarious Liability

As the basic content of civil law, the legislation on employers regulates. The relevant judicial explanation by SPC lacks enough system and has a large conflict. Supreme People's Court (SPC) legislative "the interpretation of the person damage" However, the relevant provisions in the "Explanation" still exist many problems, such as the concept of relevant laws, regulations and difficult operation, etc, which make the civil trial practice very inconvenient. Therefore, based on the explanation related to explain in the "Explanation" and combined cases related to the legal system, this article discusses the historical origin, concept, the applicable law and the existing problem in them. And then puts forward some Suggestions to solve this problem.The first part analysis the law of damages case of ZhongXiaoGen v. ShangJun and ShaoPing, concludes the focus of dispute case, find the problem from the actual cases to extract, and summarizes the theoretical analysis to explain.The second part, according to the legal, analysis the employers' vicarious liability law. Firstly expounds the concept and characteristic of employment contracts, differentiate employment relationship, and the relationship between labor relations, this paper writing on the whole and the relevant judicial practice has important significance. Then discusses the history, the employer responsibility, combining the imputation case analysis of range defining employees duty behavior problems.The third part, on the basis of the relevant case analysis and understanding, according to typical cases and under the precondition of law in the judicial practice problems encountered in the necessary analysis, to put forward the problems relevant solutions. Second is the case of the legal problems caused by the specific measures, including the system and perfect. This section is mainly reflected in case of problem, improves to sublimate, and presents the author's opinion for perfecting the system of the employer liability.