Research On The Employer's Liability

The Employer liability system originated from ancient Roman law.It has developed significantly in modern times,in which industrial economy rapidly developed, and has established a relative complete employer liability system,such as in France law, Germany law and Anglo-American law.With the development of industrial economy,the damage caused by employment activities is frequent. Every countries was obliged to pay attention to employer responsibility legislation. Employment is the most basic relationship of social production relations. The intensification of the social conflicts might arise, if the related legal issues in employment relations were solved correctly. The employer responsibilities was clearly defined in the tort law of our country, but there exist many problems ,such as rule content, in the legislation technology and the logical structure.In this article, legislative experience and laws of other countries and it's legislative purpose were summarized, through comparative studying and empirical research.The theories of legislation of employer's liability of our country was discussed, through analyzing the specific provisions of tort liability. At the same time ,because of the introduction of tort law , the focus of the employer's research transfered from discussion of legislation to explain . This article is composed of introduction, text and conclusion, the main content of the text is:In chapter one, the employer liability system was overviewed and law about employer's liability was studied Comparatively and problems in China's laws were summed up; An analysis of the basic meaning of the employer's liability, And describes this study on the connotation of the employer's liability, That employer to the employees perform their duties due to the implementation of tort liability for tort of damage caused to another person; Acording to the comparison between the employers and similar responsibilities to further confirm the meaning of the employer's liability.In Chapter two, employer responsibility theoretical foundation and principle of imputation, at home and abroad on the employer liability theory analysis and evaluation, In-depth study value of employer responsibility and rationality of the existence of employers liability system; An analysis of the legislative mode of employer responsibility imputation principle of, and its development trend, which describes the employer's liability in China mining justification of the principle of liability without fault.In Chapter three, composition of employer responsibility and commitment, which is the core content of this article. Essential elements of that part of the employer's liability was discussed, namely, the employment relationship between the employer and employee, the employee must perform their duties are acts of conduct, employee behavior must be tort, At the same time focus on analysis of the "employ relations" and " conduct on duty" identified, this is the focus of research and theory in judicial practice and difficult problems; Take rule for employer responsibility of external and internal analysis, combining theory and social values of the employer's liability, Clear employer liability of bear legal liability rules.In chapter four, legislative situation and perfection of Chinese employer responsibility, employer responsibility legislation situation of china was analyzed, and the advice on its perfection was given.